80 FR 68302 - Privacy Act of 1974; System of Records

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 213 (November 4, 2015)

The Office of the Secretary of Defense proposes to alter a system of records, DHRA 06, entitled ``Defense Sexual Assault Incident Database'' to centralize case-level sexual assault data involving a member of the Armed Forces, in a manner consistent with statute and DoD regulations for Unrestricted and Restricted reporting. Records may also be used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness, conducting research, and case and business management. De-identified data may also be used to respond to mandated reporting requirements.

[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Notices]
[Pages 68302-68304]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28081]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0120]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records, DHRA 06, entitled ``Defense Sexual Assault Incident 
Database'' to centralize case-level sexual assault data involving a 
member of the Armed Forces, in a manner consistent with statute and DoD 
regulations for Unrestricted and Restricted reporting.
    Records may also be used as a management tool for statistical 
analysis, tracking, reporting, evaluating program effectiveness, 
conducting research, and case and business management. De-identified 
data may also be used to respond to mandated reporting requirements.

DATES: Comments will be accepted on or before December 4, 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 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 FOR FURTHER INFORMATION CONTACT 
or at the Defense Privacy and Civil Liberties Division Web site at 
http://dpcld.defense.gov/. The proposed system report, as required by 5 
U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on 
October 29, 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: October 30, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DHRA 06

System name:
    Defense Sexual Assault Incident Database (July 8, 2014, 79 FR 
38524).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Washington Headquarters Services 
(WHS), Enterprise Information Technology Support Directorate, 1155 
Defense Pentagon, Washington, DC 20301-1155.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Individuals who may be victims and/

[[Page 68303]]

or alleged perpetrators in a sexual assault involving a member of the 
Armed Forces, including: Active duty Army, Navy, Marine Corps, and Air 
Force members; active duty Reserve members and National Guard members 
covered by title 10 or title 32 (hereafter `service members'); service 
members who were victims of a sexual assault prior to enlistment or 
commissioning; military dependents age 18 and older; DoD civilians; DoD 
contractors; other Federal government employees; U.S. civilians; and 
foreign military members who may be lawfully admitted into the U.S. or 
who are not covered under the Privacy Act.''

Categories of records in the system:
    Delete entry and replace with ``Victim and alleged perpetrator 
information includes: Age at the time of incident; gender, race, 
ethnicity; affiliation (e.g., military, DoD civilian/contractor, other 
government employee, U.S. civilian, foreign national/military, unknown, 
and military dependent); Service, grade/rank, status (e.g., Active 
Duty, Reserve, National Guard); and location of assignment and 
incident. Additional victim and alleged perpetrator information, 
maintained in Unrestricted Reports only, includes: full name; 
identification type and number (e.g., DoD Identification number, Social 
Security Number, passport, U.S. Permanent Residence Card, foreign 
identification); and date of birth.
    Additional victim information includes: Defense Sexual Assault 
Incident Database (DSAID) control number (i.e., system generated unique 
control number; relationship to alleged perpetrator; and any related 
data on allegations of retaliation associated with reports of sexual 
misconduct. Additional victim information maintained in Unrestricted 
Reports only includes: Work or personal contact information (e.g., 
phone number, address, email address); and name of commander.
    For Restricted Reports (reports that do not initiate 
investigation), no personally identifying information for the victim 
and/or alleged perpetrator is maintained in DSAID.
    Other data collected to support case and business management 
includes: Date and type of report (e.g., Unrestricted or Restricted); 
tracking information on Sexual Assault Forensic Examinations performed, 
and referrals to appropriate resources; information on line of duty 
determinations; victim safety information; case management meeting 
information; and information on memoranda of understanding. For 
Unrestricted reports, information on expedited transfers and civilian/
military protective orders may also be collected.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 136, Under Secretary of 
Defense for Personnel and Readiness; 10 U.S.C. 3013, Secretary of the 
Army; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 8013, Secretary 
of the Air Force; 32 U.S.C. 102, National Guard; DoD Directive 6495.01, 
Sexual Assault Prevention and Response (SAPR) Program; DoD Instruction 
6495.02, Sexual Assault Prevention and Response (SAPR) Program 
Procedures; Army Regulation 600-20, Chapter 8, Army Command Policy 
(Sexual Assault Prevention and Response Program); Secretary of the Navy 
Instruction 1752.4B, Sexual Assault Prevention and Response; Marine 
Corps Order 1752.5B, Sexual Assault Prevention and Response (SAPR) 
Program; Air Force Instruction 90-6001, Sexual Assault Prevention and 
Response (SAPR) Program; and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``To centralize case-level sexual 
assault data involving a member of the Armed Forces, in a manner 
consistent with statute and DoD regulations for Unrestricted and 
Restricted reporting.
    Records may also be used as a management tool for statistical 
analysis, tracking, reporting, evaluating program effectiveness, 
conducting research, and case and business management. De-identified 
data may also be used to respond to mandated reporting requirements.''
    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, the records contained herein may be disclosed outside the 
DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To permit the disclosure of records of closed cases of unrestricted 
reports to the Department of Veterans Affairs (DVA) for purpose of 
providing medical care to former Service members and retirees, to 
determine the eligibility for or entitlement to benefits, and to 
facilitate collaborative research activities between the DoD and DVA.
    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 When Requesting Information Routine Use: A record from a 
system of records maintained by a DoD Component may be disclosed as a 
routine use to a federal, state, or local agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, such as current licenses, if necessary to obtain 
information relevant to a DoD Component decision concerning the hiring 
or retention of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit.
    Disclosure of Requested Information Routine Use: A record from a 
system of records maintained by a DoD Component may be disclosed to a 
federal agency, in response to its request, in connection with the 
hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant, or other 
benefit by the requesting agency, to the extent that the information is 
relevant and necessary to the requesting agency's decision on the 
matter.
    Congressional Inquiries Disclosure Routine Use: Disclosure from a 
system of records maintained by a DoD Component may be made to a 
congressional office from the record of an individual in response to an 
inquiry from the congressional office made at the request of that 
individual.
    Disclosure to the Office of Personnel Management Routine Use:
    Disclosure to the Office of Personnel Management Routine Use: A 
record from a system of records subject to the Privacy Act and 
maintained by a DoD Component may be disclosed to the Office of 
Personnel Management (OPM) concerning information on pay and leave, 
benefits, retirement deduction, and any other information necessary for 
the OPM to carry out its legally authorized government-wide personnel 
management functions and studies.
    Disclosure to the Department of Justice for Litigation Routine Use: 
A record from a system of records

[[Page 68304]]

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 Department of Defense, 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.
    Disclosure to the Merit Systems Protection Board Routine Use: A 
record from a system of records maintained by a DoD Component may be 
disclosed as a routine use to the Merit Systems Protection Board, 
including the Office of the Special Counsel for the purpose of 
litigation, including administrative proceedings, appeals, special 
studies of the civil service and other merit systems, review of OPM or 
Component rules and regulations, investigation of alleged or possible 
prohibited personnel practices; including administrative proceedings 
involving any individual subject of a DoD investigation, and such other 
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be 
authorized by law.
    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 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 
Office of the Secretary of Defense (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://dpclo.defense.gov/
Privacy/SORNsIndex/BlanketRoutineUses.aspx.''
* * * * *

Retrievability:
    Delete entry and replace with ``Victim records are retrieved by 
first name, last name, identification number and type of identification 
provided, and/or Defense Sexual Assault Incident Database control 
number assigned to the incident.
    Alleged perpetrator records are retrieved by first name, last name, 
and/or identification number and type of identification provided.''

Safeguards:
    Delete entry and replace with ``Records are maintained in a 
controlled facility. Physical entry is restricted by the use of guards, 
identification badges, key cards, and locks. Access to case files in 
the system is role-based and requires the use of a Common Access Card 
(CAC) and password. Access rights and permission lists for Sexual 
Assault Response Coordinators (SARCs) and authorized Military Service 
legal officers are granted by Military Service Sexual Assault 
Prevention and Response program managers through the assignment of 
appropriate user roles. Periodic security audits are also conducted. 
Technical safeguards include firewalls, passwords, encryption of data, 
and use of a virtual private network. Access is further restricted to 
authorized users on the Nonsecure Internet Protocol Router Network and 
with a CAC. In addition, the local drive resides behind a firewall and 
the direct database cannot be accessed from the outside.''
* * * * *

Record source categories:
    Delete entry and replace with ``Individuals, SARCs, Military 
Service Legal Officers (i.e. attorneys provided access to the system), 
Army Law Enforcement Reporting and Tracking System (Army), Consolidated 
Law Enforcement Operations Center (Navy), and Investigative Information 
Management System (Air Force).''
* * * * *
[FR Doc. 2015-28081 Filed 11-3-15; 8:45 am]
 BILLING CODE 5001-06-P