80 FR 29312 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 98 (May 21, 2015)

The Office of the Secretary of Defense proposes to alter a system of records, DWHS E02, entitled ``Freedom of Information Act Case Files'' in its inventory of record systems subject to the Privacy Act of 1974, as amended. Information is being collected and maintained in this system for the purpose of processing FOIA requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the DoD in carrying out any other responsibilities under FOIA.

[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29312-29314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12334]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0052]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a System of Records.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records, DWHS E02, entitled ``Freedom of Information Act Case 
Files'' in its inventory of record systems subject to the Privacy Act 
of 1974, as amended. Information is being collected and maintained in 
this system for the purpose of processing FOIA requests and 
administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; and for assisting the DoD 
in carrying out any other responsibilities under FOIA.

DATES: Comments will be accepted on or before June 22, 2015. This 
proposed action will be effective the date following the end of the 
comment period unless comments are received which result in a contrary 
determination.

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 Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit

[[Page 29313]]

Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.
    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 http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS 
Privacy Office, Freedom of Information Directorate, Washington 
Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, 
or by phone at (571) 372-0461.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records 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 the FOR FURTHER INFORMATION 
CONTACT or at the Defense Privacy and Civil Liberties Office Web site 
at http://dpcld.defense.gov/.The proposed system report, as required by 
U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on 
May 15, 2015, to the House Committee on Oversight and Government 
Reform, the Senate Committee on 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: May 18, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS E02

System name:
    Freedom of Information Act Case Files (January 28, 2013, 78 FR 
5783).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Freedom of Information Act (FOIA) 
Case Files.''

System location:
    Delete entry and replace with ``Washington Headquarters Services 
(WHS) records: Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 4800 Mark Center Drive, 
Alexandria, VA 22350-3100.
    DoD Education Activity (DoDEA) records: Department of Defense 
Education Activity, Freedom of Information Act Requester Service 
Center, Executive Services Office, 4800 Mark Center Drive, Alexandria, 
VA 22350-1400.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who have requested 
documents under the provisions of the FOIA from the Office of the 
Secretary of Defense/Joint Staff (OSD/JS), and the DoDEA, FOIA 
Requester Service Centers; individuals whose requests and/or records 
have been processed under the FOIA and referred by other Federal 
agencies; and attorneys representing individuals submitting such 
requests.''

Categories of records in the system:
    Delete entry and replace with ``Records created or compiled in 
response to FOIA requests and administrative appeals, i.e., original 
requests and administrative appeals (including requesters name, mailing 
address, FOIA case number, date and subject of the request, with some 
requesters also voluntarily submitting additional information such as 
telephone numbers and email addresses), responses to such requests and 
administrative appeals; all related memoranda, correspondence, notes, 
and other related or supporting documentation; and copies of requested 
records and records under administrative appeal.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 552, Freedom of 
Information Act; 10 U.S.C. 113, Secretary of Defense; DoD Directive 
5400.07, DoD Freedom of Information Act (FOIA) Program; DoD Regulation 
5400.7-R, DoD Freedom of Information Act Program; and Administrative 
Instruction 108, Office of the Secretary of Defense and Joint Staff 
(JS) Freedom of information Act (FOIA) Program.''

Purpose(s):
    Delete entry and replace with ``Information is being collected and 
maintained for the purpose of processing FOIA requests and 
administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; and for assisting the DoD 
in carrying out any other responsibilities under the FOIA.''

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, 
as amended, these records may specifically be disclosed outside the DoD 
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    Law Enforcement Routine Use: If a system of records maintained by a 
DoD Component to carry out its functions indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or by regulation, rule, 
or order issued pursuant thereto, the relevant records in the system of 
records may be referred, as a routine use, to the agency concerned, 
whether federal, state, local, or foreign, charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, rule, regulation, 
or order issued pursuant thereto.
    Disclosure to the Department of Justice for Litigation Routine Use: 
A record from a system of records maintained by a DoD Component may be 
disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the DoD, or any officer, 
employee or member of the Department in pending or potential litigation 
to which the record is pertinent.
    Disclosure of Information to the National Archives and Records 
Administration Routine Use: A record from a system of records 
maintained by a DoD Component may be disclosed as a routine use to the 
National Archives and Records Administration for the purpose of records 
management inspections conducted under authority of 44 U.S.C. 2904 and 
2906.
    Data Breach Remediation Purposes Routine Use: A record from a 
system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when (1) The Component 
suspects or has confirmed that the security or

[[Page 29314]]

confidentiality of the information in the system of records has been 
compromised; (2) the Component has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Component or another agency or entity) that rely upon 
the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Components efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    The DoD Blanket Routine Uses set forth at the beginning of the OSD 
compilation of systems of records notices may apply to this system. The 
complete list of DoD blanket routine uses can be found online at: 
http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx''.
* * * * *

Retrievability:
    Delete entry and replace with ``Retrieved by name of requester, 
subject matter, date of request, and FOIA request case number.''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``WHS records: Chief, Freedom of 
Information Division, Executive Services Directorate, Washington 
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
    DoDEA records: Chief, Department of Defense Education Activity, 
Freedom of Information Act Requester Service Center, Executive Services 
Office, 4800 Mark Center Drive, Alexandria, VA 22350-1400.''

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:
    WHS records: Chief, Freedom of Information Division, Executive 
Services Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    DoDEA records: Chief, Department of Defense Education Activity, 
Freedom of Information Act Requester Service Center, Executive Services 
Office, 4800 Mark Center Drive, Alexandria, VA 22350-1400.
    Signed written requests should include the requester's name, 
mailing address, and name and number of this system of records 
notice.''

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:
    WHS records: Office of the Secretary of Defense/Joint Staff Freedom 
of Information Act Requester Service Center, Office of Freedom of 
Information, Washington Headquarters, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    DoDEA records: Department of Defense Education Activity, Freedom of 
Information Act Requester Service Center, Executive Services Office, 
4800 Mark Center Drive, Alexandria, VA 22350-1400.

    Note: For DoDEA records, a non-custodial parent or legal 
guardian requesting records pertaining to his or her minor child or 
ward must also provide evidence of that relationship. For example, 
such parent or legal guardian may provide a copy of a divorce decree 
or a child custody or guardianship order that includes the child's 
name.

    Requests for information should be in writing, signed, and provide 
evidence of the requester's identity, such as a copy of a photo ID or 
passport or similar document bearing the requesters signature. Requests 
must contain the requesters name, mailing address, FOIA case number, 
name and number of this system of records notice and be signed.''

Contesting record procedures:
    Delete entry and replace with ``The OSD rules for accessing 
records, for contesting contents and appealing initial agency 
determinations are published in OSD Administrative Instruction 81; 32 
CFR part 311; or may be obtained from the system manager.''

Record source categories:
    Delete entry and replace with ``Individuals who submit initial 
requests and administrative appeals pursuant to the FOIA; the agency 
records searched in the process of responding to such requests and 
appeals; DoD personnel assigned to handle such requests and appeals; 
other agencies or entities that have referred to the DoD requests 
concerning DoD records or that have consulted with the DoD regarding 
the handling of particular requests; submitters of records; and 
information from those that have provided assistance to the DoD in 
making FOIA access determinations.''

Exemptions claimed for the system:
    Delete entry and replace with ``During the course of a FOIA 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 are entered into 
this FOIA case record, WHS, and the DoDEA, hereby claim the same 
exemptions for the records from those other systems that are entered 
into this system, as claimed for the original primary systems of 
records which they are a part.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.''

[FR Doc. 2015-12334 Filed 5-20-15; 8:45 am]
BILLING CODE 5001-06-P