Privacy Act of 1974; System of Records, 26258-26259 [2012-10654]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Notices]
[Pages 26258-26259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10654]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0029]


Privacy Act of 1974; System of Records

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Notice to Alter a System of Records.

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SUMMARY: The Defense Intelligence Agency is proposing to alter a system 
to its existing inventory of records systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective on June 4, 2012 unless 
comments are received that would result in contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery, Defense 
Intelligence Agency, DAN 1-C, 600 McDill Blvd. Washington, DC 20340-
0001, or by phone at (202) 231-1193.

SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency system of 
records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the address in FOR FURTHER INFORMATION CONTACT.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on March 23, 2011, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and Governmental Affairs, and the Office 
of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals, dated February 8, 1996 (February 
20, 1996, 61 FR 6427).''

    Dated: April 18, 2012.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0010

System Name:
    Requests for Freedom of Information Act, Privacy Act, and Mandatory 
Declassification Review Information (July 19, 2006, 71 FR 41003).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Information Requests-Freedom of 
Information Act (FOIA) and Privacy Act.''

System location:
    Delete entry and replace with ``Defense Intelligence Agency, 200 
MacDill Blvd., Washington, DC 20340-5100.''

Categories of individuals covered by the system:
    Delete entry and replace with ``All persons who have requested 
documents under the provisions of the Freedom of Information Act (FOIA) 
and Privacy Act; individuals whose requests and/or records have been 
processed under FOIA and Privacy Act along with attorneys representing 
individuals making such requests.''

Categories of records in the system:
    Delete entry and replace with ``Name, address and telephone number 
of the person making the request and/or their representatives, and case 
number. Records include forms, documents and correspondence providing 
information created or compiled in response to FOIA and Privacy Act 
requests, and include responses, all related memorandums, 
correspondence, notes, and supported documentation along with copies of 
the requested records.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 552, Freedom of 
Information Act (FOIA); 5 U.S.C. 552a, The Privacy Act of 1974, as 
amended; Department of Defense (DoD) Directive 5400.07-R, DoD Freedom 
of Information Act (FOIA) Program; DoD 5400.11-R, DoD Privacy Program; 
Defense Intelligence Agency Instruction (DIAI) 5400.002, DIA FOIA 
Program; DIAI 5400-11R, DIA Privacy Program.''

Purpose(s):
    Delete entry and replace with ``The system will manage records 
generated as a result of FOIA and Privacy Act

[[Page 26259]]

requests. Information is used to meet regulatory requirements of the 
FOIA and Privacy Acts and to provide documentation in response to 
requests from the public sector for information, which is originated by 
or contained in the files of the Defense Intelligence Agency. To 
provide information for compiling reports required by public disclosure 
statutes and to assist the Department of Justice in preparation of the 
Agency's defense in any law suit arising under these statutes.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records contained therein may specifically be disclosed outside 
the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the Department of Justice for litigation purposes.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
DIA's compilation of systems of records notices apply to this system.''
* * * * *

Storage:
    Delete entry and replace with ``Paper and electronic storage 
media.''

Retrievability:
    Delete entry and replace with ``By last name and case number.''

Safeguards:
    Delete entry and replace with ``Records are stored in office 
buildings protected by guards, controlled screenings, use of visitor 
registers, electronic access, and/or locks. Access to records is 
limited to individuals who are properly screened, and cleared on a 
need-to-know basis in the performance of their duties. Passwords and 
user IDs control access to the system data, and procedures are in place 
to deter and detect browsing and unauthorized access. Physical and 
electronic access are limited to persons responsible for servicing and 
authorized to use the system.''

Retention and disposal:
    Delete entry and replace with ``Privacy Act Request Files destroy 2 
years after date of reply. Requests not appealed, destroy 5 years after 
date of reply. Requests appealed, destroy as authorized under Privacy 
Act Amendment Case Files. Files maintained for control purposes in 
responding to requests, including registers and similar records listing 
date, nature, and purpose of request and name and address of requester; 
destroy 6 years after date of last entry. Other files destroy 6 years 
after final action by the Agency or after final adjudication by courts, 
whichever is later.
    Electronic files are deleted from the data base, paper files are 
destroyed by shredding or burning.''

System manager(s) and address:
    Delete entry and replace with ``Chief, Freedom of Information and 
Declassification Services Branch, Defense Intelligence Agency 200 
McDill Blvd., Washington, DC 20340-5100.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to the DIA Freedom of 
Information Office (DAN-1A), Defense Intelligence Agency, 200 MacDill 
Blvd., Washington, DC 20340-5100.
    Request should contain the individual's full name, current address, 
and telephone number.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves, contained in this system of records, 
should address written inquiries to the DIA Freedom of Information 
Office (DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100.
    Request should contain the individual's full name, current address, 
and telephone number.''

Contesting record procedures:
    Delete entry and replace with ``DIA's rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in DIA Instruction 5400.001 ``Defense Intelligence Agency 
Privacy Program''; 32 CFR part 319--Defense Intelligence Agency Privacy 
Program; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``Individual requesters, attorneys 
representing individuals making such requests, the Defense Intelligence 
Agency, and other federal government officials.''

Exemptions claimed for the system:
    Delete entry and replace with ``During the course of FOIA and or 
Privacy Act action, exempt materials from other systems of records may 
in turn become part of the case records in this system. To the extent 
that copies of exempt records from those `other' systems of records 
become part of this correspondence case record, the Defense 
Intelligence Agency hereby claims the same exemptions for the records 
from those `other' systems when they become part of this system, as 
claimed for the original primary systems of records that they are a 
part.
    Records are only exempt from pertinent provisions of 5 U.S.C. 552a 
to the extent such provisions have been identified and an exemption 
claimed for the original record and the purposes underlying the 
exemption for the original record still pertain to the record which is 
now contained in this system of records. In general, the exemptions 
were claimed in order to protect properly classified information 
relating to national defense and foreign policy, to avoid interference 
during the conduct of criminal, civil, or administrative actions or 
investigations, to ensure protective services provided the President 
and others are not compromised, to protect the identity of confidential 
sources incident to Federal employment, military service, contract, and 
security clearance determinations, to preserve the confidentiality and 
integrity of Federal testing materials, and to safeguard evaluation 
materials used for military promotions when furnished by a confidential 
source. The exemption rule for the original records will identify the 
specific reasons why the records are exempt from specific provisions of 
5 U.S.C. 552a.''

[FR Doc. 2012-10654 Filed 5-2-12; 8:45 am]
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