32 C.F.R. § 310.42 Disclosures to commercial enterprises.
Title 32 - National Defense
(a) General policy. (1) Make releases of personal information to commercial enterprises under the criteria established by the DoD Freedom of Information Program (32 CFR part 286). (2) The relationship of commercial enterprises to their clients or customers and to the Department of Defense are not changed by this part. (3) The DoD policy on personal indebtedness for military personnel is contained in 32 CFR part 43a and for civilian employees in the Office of Personnel Management, Federal Personnel Manual (5 CFR part 550). (b) Release of personal information. (1) Any information that must be released under the Freedom of Information (5 U.S.C. 552) may be released to a commercial enterprise without the individual's consent (see paragraph (b) of §310.41 of this subpart). (2) Commercial enterprises may present a signed consent statement setting forth specific conditions for release of personal information. Statements such as the following, if signed by the individual, are considered valid:
I hereby authorize the Department of Defense to verify my Social Security Number or other identifying information and to disclose my home address and telephone number to authorized representatives of (name of commercial enterprise) so that they may use this information in connection with my commercial dealings with that enterprise. All information furnished will be used in connection with my financial relationship with (name of commercial enterprise). (3) When a statement of consent as outlined in paragraph (b)(2) of this section is presented, provide the requested information if its release is not prohibited by some other regulation or statute. (4) Blanket statements of consent that do not identify specifically the Department of Defense or any of its Components, or that do not specify exactly the type of information to be released, may be honored if it is clear that the individual in signing the consent statement intended to obtain a personal benefit (for example, a loan to buy a house) and was aware of the type information that would be sought. Care should be exercised in these situations to release only the minimum amount of personal information essential to obtain the benefit sought. (5) Do not honor request from commercial enterprises for official evaluation of personal characteristics, such as evaluation of personal financial habits.
Title 32: National Defense
PART 310—DoD PRIVACY PROGRAM
Subpart E—Disclosure of Personal Information to Other Agencies and Third Parties
§ 310.42 Disclosures to commercial enterprises.
