Privacy Act of 1974; System of Records
| Published date | 02 April 2020 |
| Citation | 85 FR 18567 |
| Record Number | 2020-06914 |
| Section | Notices |
| Court | Defense Department |
Federal Register, Volume 85 Issue 64 (Thursday, April 2, 2020)
[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18567-18569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06914]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2020-OS-0037]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Notice of a modified System of Records.
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SUMMARY: The Office of the Secretary of Defense (OSD) is modifying the
System of Records, Mandatory Declassification Review Files, DWHS E05.
This system was established to verify and declassify record requests
from the public and to provide a resource to research historical data.
Without the ability to review and declassify data in the Mandatory
Declassification Review (MDR) Files System of Records, information in
the system would not be releasable to the public and the DoD would not
comply with the applicable regulations and laws. Updates to this system
include administrative changes required by the Office of Management and
Budget (OMB) Circular A-108, ``Federal Agency Responsibilities for
Review, Reporting, and Publication under the Privacy Act,'' revised
December 23, 2016. This modification includes changes to the system
name, authorities, purpose, categories of records, routine uses,
storage of records, retention and disposal of records, safeguards,
records access procedures, contesting record procedures, notification
procedures, and exemptions sections. In addition, the only exemption
claimed for the system, (k)(1), is being deleted, since the system does
not contain classified information. The records undergoing MDR are
stored in a separate system, which is not a Privacy Act System of
Records.
DATES: This System of Records modification is effective upon
publication; however, comments on the Routine Uses will be accepted on
or before May 4, 2020. The Routine Uses are effective at the close of
the comment period.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Chief Management
Officer, Directorate for Oversight and Compliance, 4800 Mark Center
Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
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. Luz D. Ortiz, Chief, Records,
Privacy and Declassification Division, 1155 Defense Pentagon,
Washington, DC 20301-1155, or by phone at (571) 372-0478.
SUPPLEMENTARY INFORMATION: This System of Records is mandated by E.O.
13526, 32 CFR 2001.33, and DoD 5230.30-M which require the DoD to
validate requests from members of the public requesting classified
information. As a result, the DoD is required to identify the requested
document or information record with sufficient specificity to enable
the DoD to locate it with a reasonable amount of effort. Without this
system, the DoD will not comply with these requirements. Also, the
system allows the DoD to consider the sensitivity of the requested data
to determine its releaseability and to address denials or appeals in a
timely manner.
The OSD notices for Systems of Records subject to the Privacy Act
of 1974, as amended, have been published in the Federal Register and
are available from the address in FOR FURTHER INFORMATION CONTACT or
from the Defense Privacy, Civil Liberties, and Transparency Division
website at https://dpcld.defense.gov.
The proposed systems reports, as required by the Privacy Act, as
amended, were submitted on December 16, 2019, to the House Committee on
Oversight and Reform, the Senate Committee on Homeland Security and
Governmental Affairs, and the OMB pursuant to Section 6 of OMB Circular
No. A-108, ``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act,'' revised December 23, 2016
(December 23, 2016, 81 FR 94424).
Dated: March 30, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Requestor Database for Office of the Secretary of Defense Mandatory
Declassification Reviews, DWHS E05.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records, Privacy and Declassification Division, Executive Services
Directorate, 6564 Loisdale Court, Springfield, VA 22150-1827.
SYSTEM MANAGER(S):
Chief, Records, Privacy, and Declassification Division, Executive
Services Directorate, 4800 Mark Center Drive, Alexandria, VA 20350-
3200. Email: [email protected];
Telephone 571-372-0496.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 13526, Classified National Security Information; 32
CFR 2001.33, Mandatory Review for Declassification; Department of
Defense Instruction 5200.01, DoD Information Security Program and
Protection of Sensitive Compartmented Information
[[Page 18568]]
(SCI); Department of Defense Manual (DoDM) 5230.30-M, DoD Mandatory
Declassification Review (MDR) Program; and DoDM 5200.01, Volume 1, DoD
Information Security Program: Overview, Classification and
Declassification, and DoDD 5110.04 Washington Headquarters Services
(WHS).
PURPOSE(S) OF THE SYSTEM:
To process requests and/or appeals from individuals for the
mandatory review of classified records for the purposes of releasing
declassified material to the public and to provide a research resource
of historical data on release of records to ensure consistency in
subsequent actions. Data developed from this system is included in the
annual report on the DoD's security classification management program
to the National Archives and Records Administration's (NARA's)
Information Security Oversight Office. This data also serves
management's needs by providing information about the number of
requests, the required type or category of records, and the average
processing time.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals requesting MDR or appealing a MDR determination for
access to records and information within the scope of the OSD.
CATEGORIES OF RECORDS IN THE SYSTEM:
Requester's name, address, source (organization of requester),
source case number (if applicable), document classification rating,
receipt date, response date, number of pages, OSD MDR case number and
unclassified subject of the request.
RECORD SOURCE CATEGORIES:
The individual.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, the records contained
herein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. To the NARA, Interagency Security Classification Appeals Panel
(ISCAP) for the purpose of complying with Executive Order 13526, to
review administrative agency policies and procedures and to facilitate
the ISCAP's offering of mediation services to resolve disputes between
persons making MDR requests and government agencies.
b. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the federal government when
necessary to accomplish an agency function related to this System of
Records.
c. To foreign or international law enforcement, security,
investigatory, or administrative authorities to comply with
requirements imposed by, or to claim rights conferred in, international
agreements and arrangements including those regulating the stationing
and status in foreign countries of DoD military and civilian personnel.
d. To appropriate Federal, State, local, territorial, tribal,
foreign, or international agencies for the purpose of
counterintelligence activities authorized by U.S. law or Executive
Order, or for the purpose of executing or enforcing laws designed to
protect the national security or homeland security of the United
States, including those relating to the sharing of records or
information concerning terrorism, homeland security, or law
enforcement.
e. To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
f. To any component of the Department of Justice for the purpose of
representing the DoD, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
g. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
h. To the NARA for the purpose of records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
i. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
j. To appropriate agencies, entities, and persons when (1) the DoD
suspects or confirms a breach of the System of Records; (2) the DoD
determines as a result of the suspected or confirmed breach there is a
risk of harm to individuals, the DoD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the DoD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
k. To another Federal agency or Federal entity, when the DoD
determines that information from this System of Records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records and electronic storage media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by requester name and other pertinent
information, such as organization or address, subject material
describing the MDR item (including date), OSD MDR case number using
computer indices, referring agency, or any combination of those fields.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Temporary. Cut off and destroy when no longer needed. Purge
database when no longer needed for reference.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The records are stored in a Defense Counterintelligence and
Security Agency approved secure closed area requiring badge and PIN
access. The system is password protected, with limited access and
multiple levels of user restriction, including limited access to
officials with a need-to-know. Paper records are maintained in security
containers with access limited to officials with a need-to-know. All
records are protected in accordance with the National Industrial
Security Program Operating Manual.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this System of Records should address inquiries to the
Office of the
[[Page 18569]]
Secretary of Defense/Joint Staff, Freedom of Information Act Requester
Service Center, Office of Freedom of Information, 1155 Defense
Pentagon, Washington, DC 20301-1155. Signed, written requests should
include the name and number of this System of Records Notice along with
the individual's name and address of the individual at the time the
record was created. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 32 CFR part
310, or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this System of Records should address
inquiries to Chief, Records, Privacy and Declassification Division,
Executive Services Directorate, 4800 Mark Center Drive, Alexandria, VA
20350-3200. Signed, written requests should include the individual's
name and address of the individual at the time the record would have
been created, along with the name and number of this System of Records
Notice. In addition, the requester must provide either a notarized
statement or an unsworn declaration made in accordance with 28 U.S.C.
1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
October 30, 2014, 79 FR 64584; October 28, 2011, 76 FR 66916;
October 14, 2010, 75 FR 63160; March 28, 2007, 72 FR 14533; November
29, 2002, 67 FR 71147; February 22, 1993, 58 FR 10227.
[FR Doc. 2020-06914 Filed 4-1-20; 8:45 am]
BILLING CODE 5001-06-P
