32 C.F.R. § 310.10 General.
Title 32 - National Defense
(a) System of records. To be subject to the provisions of this part a “system of records” must: (1) Consist of “records” (as defined in §310.3(n)) that are retrieved by the name of an individual or some other personal identifier, and (2) Be under the control of a DoD Component. (b) Retrieval practices. (1) Records in a group of records that may be retrieved by a name or personal identifier are not covered by this part even if the records contain personal data and are under control of a DoD Component. The records must be, in fact, retrieved by name or other personal identifier to become a system of records for the purpose of this part. (2) If files that are not retrieved by name or personal identifier are rearranged in such manner that they are retrieved by name or personal identifier, a new systems notice must be submitted in accordance with §310.63(c) of subpart G. (3) If records in a system of records are rearranged so that retrieval is no longer by name or other personal identifier, the records are no longer subject to this part and the system notice for the records shall be deleted in accordance with §310.64(c) of subpart G. (c) Relevance and necessity. Retain in a system of records only that personal information which is relevant and necessary to accomplish a purpose required by a federal statute or an Executive Order. (d) Authority to establish systems of records. Identify the specific statute or the Executive Order that authorize maintaining personal information in each system of records. The existance of a statute or Executive order mandating the maintenance of a system of records does not abrogate the responsibility to ensure that the information in the system of records is relevant and necessary. (e) Exercise of First Amendment rights. (1) Do not maintain any records describing how an individual exercises his or her rights guaranteed by the First Amendment of the U.S. Constitution except when: (i) Expressly authorized by federal statute; (ii) Expressly authorized by the individual; or (iii) Maintenance of the information is pertinent to and within the scope of an authorized law enforcement activity. (2) First Amendment rights include, but are not limited to, freedom of religion, freedom of political beliefs, freedom of speech, freedom of the press, the right to assemble, and the right to petition. (f) System manager's evaluation. (1) Evaluate the information to be included in each new system before establishing the system and evaluate periodically the information contained in each existing system of records for relevancy and necessity. Such a review shall also occur when a system notice amendment or alteration is prepared (see §§310.63 and 310.64 of subpart G). (2) Consider the following: (i) The relationship of each item of information retained and collected to the purpose for which the system is maintained; (ii) The specific impact on the purpose or mission of not collecting each category of information contained in the system; (iii) The possibility of meeting the information requirements through use of information not individually identifiable or through other techniques, such as sampling; (iv) The length of time each item of personal information must be retained; (v) The cost of maintaining the information; and (vi) The necessity and relevancy of the information to the purpose for which it was collected. (g) Discontinued information requirements. (1) Stop collecting immediately any category or item of personal information from which retention is no longer justified. Also excise this information from existing records, when feasible. (2) Do not destroy any records that must be retained in accordance with disposal authorizations established under 44 U.S.C. 303a, “Examination by the Administrator of General Services of Lists and Schedules of Records Lacking Preservation Value, Disposal of Records.” [51 FR 2364, Jan. 16, 1986. Redesignated at 56 FR 55631, Oct. 29, 1991, and amended at 56 FR 57800, Nov. 14, 1991]
Title 32: National Defense
PART 310—DoD PRIVACY PROGRAM
Subpart B—Systems of Records
§ 310.10 General.
