32 C.F.R. PART 319—DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM
Title 32 - National Defense
Authority: Pub. L. 93–579, 88 Stat 1896 (5 U.S.C. 552a).
Source: 51 FR 44064, Dec. 8, 1986, unless otherwise noted. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991.
Pursuant to the requirements of section 553 of Title 5 of the United States Code, the Defense Intelligence Agency promulgates its rules for the implementation of the Privacy Act of 1974, Pub. L. 93–579, 5 U.S.C. 552a (f) and (k). (a) To promulgate rules providing procedures by which individuals may exercise their rights granted by the act to: (1) Determine whether a Defense Intelligence Agency system of records contains a record pertaining to themselves; (2) Be granted access to all or portions thereof; (3) Request administrative correction or amendment of such records; (4) Request an accounting of disclosures from such records; and (5) Appeal any adverse determination for access or correction/amendment of records. (b) To set forth Agency policy and fee schedule for cost of duplication. (c) To identify records subject to the provisions of these rules. (d) To specify those systems of records for which the Director, Defense Intelligence Agency, claims an exemption. (a) Any individual who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States may submit an inquiry to the Defense Intelligence Agency. (b) These rules apply to those systems of records: (1) Maintained by the Defense Intelligence Agency; (2) For which the Defense Intelligence Agency prescribes the content and disposition pursuant to statute or executive order of the President, which may be in the physical custody of another Federal agency; (3) Not exempted from certain provisions of the act by the Director, Defense Intelligence Agency. (c) The Defense Intelligence Agency may have physical custody of the official records of another Federal agency which exercises dominion and control over the records, their content, and access thereto. In such cases, the Defense Intelligence Agency maintenance of the records is considered subject to the rules of the other Federal agency. Except for a request for a determination of the existence of the record, when the Defense Intelligence Agency receives requests related to these records, the DIA will immediately refer the request to the controlling agency for all decisions regarding the request and will notify the individual making the request of the referral. (d) Records subject to provisions of the Act which are transferred to the Washington National Records Center for storage shall be considered to be maintained by the Defense Intelligence Agency. Disclosure from such records—to other than an element of the Defense Intelligence Agency—can only be made with the prior approval of the Defense Intelligence Agency. (e) Records subject to provisions of the act which are transferred to the National Archives shall be considered to be maintained by the National Archives and are no longer records of the Agency. (a) All terms used in this part which are defined in 5 U.S.C. 552a shall have the same meaning herein. (b) As used in this part: (1) The term Act means the Privacy Act of 1974, Pub. L. 93–579, 5 U.S.C. 552a. (2) The term Agency means the Defense Intelligence Agency. (a) An individual seeking notification of whether a system of records, maintained by the Defense Intelligence Agency, contains a record pertaining to himself/herself and who desires to review, have copies made of such records, or to be provided an accounting of disclosures from such records, shall submit his or her request in writing. Requesters are encouraged to review the systems of records notices published by the Agency so as to specifically identify the particular record system(s) of interest to be accessed. (b) In addition to meeting the requirements set forth in §319.5 of this part, the individual seeking notification, review or copies, and an accounting of disclosures will provide in writing his or her full name, address, social security account number or date of birth and a telephone number where the requester can be contacted should questions arise concerning his or her request. This information will be used only for the purpose of identifying relevant records in response to an individual's inquiry. It is further recommended that individuals indicate any present or past relationship or affiliations, if any, with the Agency and the appropriate dates in order to facilitate a more thorough search of the record system specified and any other system which may contain information concerning the individual. A signed notarized statement may also be required. (c) An individual who wishes to be accompanied by another individual when reviewing his or her records, must provide the Agency with written consent authorizing the Agency to disclose or discuss such records in the presence of the accompanying individual. (d) A request for medical records must be submitted as set forth in §319.7, of this part. (e) Individuals should mail their written request to the Defense Intelligence Agency, DSP–1A, Washington, DC 20340–3299 and indicate clearly on the outer envelope “Privacy Act Request”. (f) An individual who makes a request on behalf of a minor or legal incompetent shall provide a signed notarized statement affirming the relationship. (g) When an individual wishes to authorize another person access to his or her records, the individual shall provide a signed notarized statement authorizing and consenting to access by the designated person. (h) Except as provided by section 552a(b) of the act, 5 U.S.C. 552a(b), the written request or prior written consent of the individual to whom a record pertains shall be required before such record is disclosed to any person or to another agency outside the Department of Defense. (i) Any person who knowingly and willfully requests or obtains any record concerning an individual from this Agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. [51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991] The Defense Intelligence Agency, upon receiving a request for notification of the existence of a record or for access to a record, shall: (a) Determine whether such record exists; (b) Determine whether access is available under the Privacy Act; (c) Notify the requester of those determinations within 10 days (excluding Saturday, Sunday and legal public holidays); and (d) Provide access to information pertaining to that person which has been determined to be available. Medical records, requested pursuant to §319.5 of this part, will be disclosed to the requester unless the disclosure of such records directly to the requester could, in the judgment of a physician, have an adverse effect on the physical or mental health or safety and welfare of the requester or other persons with whom he may have contact. In such an instance, the information will be transmitted to a physician named by the requester or to a person qualified to make a psychiatric or medical determination. [51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991] (a) An individual may request that the Defense Intelligence Agency correct, amend, or expunge any record, or portions thereof, pertaining to the requester that he believes to be inaccurate, irrelevant, untimely, or incomplete. (b) Such requests shall be in writing and may be mailed to DSP–1A as indicated in §319.5. (c) The requester shall provide sufficient information to identify the record and furnish material to substantiate the reasons for requesting corrections, amendments or expurgation. [51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991] (a) The Agency will acknowledge a request for correction or amendment of a record within 10 days (excluding Saturday, Sunday, and legal public holidays) of receipt. The acknowledgment will be in writing and will indicate the date by which the Agency expects to make its initial determination. (b) The Agency shall complete its consideration of requests to correct or amend records within 30 days (excluding Saturday, Sunday, and legal holidays) and inform the requester of its initial determination. (c) If it is determined that records should be corrected or amended in whole or in part, the Agency shall advise the requester in writing of its determination; and correct or amend the records accordingly. The Agency shall then advise prior recipients of the records of the fact that a correction or amendment was made and provide the substance of the change. (d) If the Agency determines that a record should not be corrected or amended, in whole or in part, as requested by the individual, the Agency shall advise the requester in writing of its refusal to correct or amend the records and the reasons therefor. The notification will inform the requester that the refusal may be appealed administratively and will advise the individual of the procedures for such appeals. (a) An individual who disagrees with the denial or partial denial of his or her request for access, correction, or amendment of Agency records pertaining to himself/herself, may file a request for administrative review of such refusal within 30 days after the date of notification of the denial or partial denial. (b) Such requests should be in writing and may be mailed to RTS–1 as indicated in §319.5. (c) The requester shall provide a brief written statement setting forth the reasons for his or her disagreement with the initial determination and provide such additional supporting material as the individual feels necessary to justify his or her appeal. (d) Within 30 days (excluding Saturday, Sunday, and legal public holidays) of the receipt of request for review, the Agency shall advise the individual of the final disposition of his or her request. (e) In those cases where the initial determination is reversed, the individual will be so informed and the Agency will take appropriate action. (f) In those cases where the initial determinations are sustained, the individual shall be advised: (1) In the case of a request for access to a record, of the individual's right to seek judicial review of the Agency refusal for access. (2) In the case of a request to correct or amend the record: (i) Of the individual's right to file with record in question a concise statement of his or her reasons for disagreeing with the Agency's decision, (ii) Of the procedures for filing a statement of disagreement, and (iii) Of the individual's right to seek judicial review of the Agency's refusal to correct or amend a record. [51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991] (a) The schedule of fees chargeable is contained at §286.60 et seq. As a component of the Department of Defense, the applicable published Departmental rules and schedules with respect to fees will also be the policy of DIA. (b) Current employees of the Agency will not be charged for the first copy of a record provided by the Agency. (c) In the absence of an agreement to pay required anticipated costs, the time for responding to a request begins on resolution of this agreement to pay. (d) The fees may be paid by check, draft or postal money order payable to the Treasurer of the United States. Remittance will be forwarded to the office designated in §319.5(e). [51 FR 44064, Dec. 8, 1986. Redesignated at 56 FR 56595, Nov. 6, 1991 and 56 FR 57799, Nov. 14, 1991, and amended at 56 FR 56595, Nov. 6, 1991] (a) All systems of records maintained by the Director Intelligence Agency shall be exempt from the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to the extent that the system contains any information properly classified under Executive order to be kept secret in the interest of national defense or foreign policy. This exemption, which may be applicable to parts of all systems of records, is necessary because certain record systems not specifically designated for exemption may contain isolated information which has been properly classified. (b) The Director, Defense Intelligence Agency, designated the systems of records listed below for exemptions under the specified provisions of the Privacy Act of 1974, as amended (Pub. L. 93–579): (c) System identification and name: LDIA 0271, Investigations and Complaints. (1) Exemption: Any portion of this record system which falls within the provisions of 5 U.S.C. 552a(k) (2) and (5) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I). (2) Authority: 5 U.S.C. 552a(k) (2) and (5). (3) Reasons: The reasons for asserting these exemptions are to ensure the integrity of the Inspector General process within the Agency. The execution requires that information be provided in a free and open manner without fear of retribution or harassment in order to facilitate a just, thorough and timely resolution of the complaint or inquiry. Disclosures from this system can enable individuals to conceal their wrongdoing or mislead the course of the investigation by concealing, destroying or fabricating evidence or documents. Also, disclosures can subject sources and witnesses to harassment or intimidation which may cause individuals not to seek redress for wrongs through Inspector General channels for fear of retribution or harassment. (d) System identification and name: LDIA 0275, DoD Hotline Referrals. (1) Exemption: Any portion of this record system which falls within the provisions of 5 U.S.C. 552a(k) (2) and (5) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I). (2) Authority: 5 U.S.C. 552a(k) (2) and (5). (3) Reason: The reasons for asserting these exemptions are to ensure that informants can report instances of fraud and mismanagement without fear of reprisal or unauthorized disclosure of their identity. The execution of this function requires that information be provided in a free and open manner without fear of retribution of harassment in order to facilitate a just, thorough and timely resolution of the case. These records are privileged Director, DIA, documents and information contained therein is not routinely released or disclosed to anyone. (e) System identification and name: LDIA 0660, Security Files. (1) Exemption: Any portion of this record system which falls within the provisions of 5 U.S.C. 552a(k) (2) and (5) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I). (2) Authority: 5 U.S.C. 552a(k) (2) and (5). (3) Reason: The reasons for asserting these exemptions are to ensure the integrity of the adjudication process used by the Agency to determine the suitability, eligibility or qualification for Federal service with the Agency and to make determinations concerning the questions of access to classified materials and activities. The proper execution of this function requires that the Agency have the ability to obtain candid and necessary information in order to fully develop or resolve pertinent information developed in the process. Potential sources, out of fear or retaliation, exposure or other action, may be unwilling to provide needed information or may not be sufficiently frank to be a value in personnel screening, thereby seriously interfering with the proper conduct and adjudication of such matters. (f) System identification and name: LDIA 0800, Operation Record System. (1) Exemption: Any portion of this record system which falls within the provisions of 5 U.S.C. 552a(k) (2) and (5) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I). (2) Authority: 5 U.S.C. 552a(k) (2) and (5). (3) Reason: The reasons for asserting these exemptions are to ensure the integrity of ongoing foreign intelligence collection and/or training activities conducted by the Defense Intelligence Agency and the Department of Defense. The execution of these functions requires that information in response to national level intelligence requirements be provided in a free and open manner without fear of retribution or unauthorized disclosure. Disclosures from this system can jeopardize sensitive sources and methodology. [56 FR 56595, Nov. 6, 1991]
Title 32: National Defense
PART 319—DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM
Section Contents
§ 319.1 Authority.
§ 319.2 Purpose.
§ 319.3 Scope.
§ 319.4 Definitions.
§ 319.5 Procedures for requests pertaining to individual records in a record system.
§ 319.6 Disclosure of requested information to individuals.
§ 319.7 Special procedures: Medical records.
§ 319.8 Request for correction or amendment to record.
§ 319.9 Agency review of request for correction or amendment of record.
§ 319.10 Appeal of initial adverse Agency determination for access, correction or amendment.
§ 319.11 Fees.
§ 319.12 General exemptions. [Reserved]
§ 319.13 Specific exemptions.
§ 319.1 Authority.
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§ 319.2 Purpose.
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§ 319.3 Scope.
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§ 319.4 Definitions.
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§ 319.5 Procedures for requests pertaining to individual records in a record system.
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§ 319.6 Disclosure of requested information to individuals.
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§ 319.7 Special procedures: Medical records.
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§ 319.8 Request for correction or amendment to record.
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§ 319.9 Agency review of request for correction or amendment of record.
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§ 319.10 Appeal of initial adverse Agency determination for access, correction or amendment.
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§ 319.11 Fees.
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§ 319.12 General exemptions. [Reserved]
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§ 319.13 Specific exemptions.
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