32 C.F.R. § 505.3 Disclosure of personal information to other agencies and third parties.
Title 32 - National Defense
(a) Disclosure without consent. The Army is prohibited from disclosing a record from a system of records without obtaining the prior written consent of the data subject, except when disclosure is: (1) To those officers and employees of the Department of Defense who have a need for the record in the performance of their duties; (2) Required under the Freedom of Information Act (see §505.3(c) for information normally releasable); (3) Permitted by a routine use that has been published in the (4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to title 13 of the United States Code; (5) To a recipient who has provided the Army with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) To the National Archives of the United States as a record that has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for determination of such value by the Administrator of the General Services Administration (GSA), or designee. (Records sent to Federal Records Centers for storage remain under Army control; these transfers are not disclosures and do not therefore need an accounting.) (7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Army element which maintains the record. The request must specify the particular portion desired and the law enforcement activity for which the record is sought; (8) To a person pursuant to a showing of compelling circumstances affecting the health and safety of an individual. Upon such disclosure, notification will be transmitted to the last known address of such individual; (9) To either House of Congress, or to a committee or subcommittee to the extent that the subject matter falls within the jurisdiction of the committee or subcommittee; (10) To the Comptroller General, or any authorized representative in the course of the performance of the duties of the General Accounting Office; (11) Pursuant to the order signed by a judge of a court of competent jurisidiction. (Reasonable efforts must be made to notify the individual if the legal process is a matter of public record); or (12) To a consumer reporting agency in accordance with section 3(d) of the Federal Claims Collection Act of 1966 (originally codified at 31 U.S.C. 952(d); recodified at 31 U.S.C. 3711(f), the name, address, SSN, other information identifying the individual; amount, status, and history of the claim, and the agency or program under which the case arose may be disclosed in this instance. (b) Blanket routine use disclosures. In addition to the routine uses in each system notice, the following blanket routine uses apply to all records from systems of records maintained by the Army except those which state othewise. (1) Law enforcement. Relevant records maintained to carry out Army functions may be referred to Federal, State, local, or foreign law enforcement agencies if the record indicates a violation or potential violation of law. The agency to which the records are referred must be the appropriate agency charged with the responsibility of investigating or prosecuting the violation or charges, with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto. (2) Disclosure when requesting information. A record may be disclosed to a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, to obtain information relevant to an Army 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. (3) Disclosure of requested information. If the information is relevant and necessary to the requesting agency's decision, a record 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. (4) Congressional inquiries. Disclosure from a system of records maintained by the Army 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. (5) Private relief legislation. Relevant information in all systems of records of the Department of Defense published on or before August 22, 1975, will be disclosed to the Office of Management and Budget (OMB) review of private relief legislation as set forth in OMB Circular A–19 at any stage of the legislative coordination and clearance process. (6) Disclosures required by international agreements. A record may be disclosed to foreign law enforcement, security, investigatory, or administrative authorities. These disclosures are in compliance with requirements imposed by, or to claim rights conferred in, international agreements and arrangements including those regulating the stationing and status in foreign countries of DOD military and civilian personnel. (7) Disclosure to State and local taxing authorities. Any information normally contained in Internal Revenue Service Form W-2 which is maintained in a record from a system of records of the Army may be disclosed to State and local taxing authorities with which the Secretary of the Treasury has entered into agreements under 5 U.S.C., sections 5516, 5517, and 5520 only to those State and local taxing authorities for which an employee or military member is or was subject to tax regardless of whether tax is or was withheld. This routine use complies with Treasury Fiscal Requirements Manual, Sec. 5060. (8) Disclosures to the Office of Personnel Management. A record 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. (9) Disclosure to National Archives and Records Administration. A record may be disclosed to the National Archives and Records Administration in records management inspections conducted under authority of title 44 U.S.C., sections 2904 and 2906. (10) Disclosure to the Department of Justice for Litigation. A record may be disclosed as a routine use to any component of the Department of Justice, when— (i) The agency, or any component there of, or (ii) Any employee of the agency in his or her official capacity, or (iii) Any employee of the agency in his or her individual capacity where the Department of Justice has agreed to represent the employee, or (iv) The United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice is deemed by the agency to be relevant and necessary to the litigation, provided, however, that in each case, the agency determines that disclosure of the records to the Department of Justice is a use of the information contained in the records that is compatible with the purpose for which it is collected. (11) Disclosure for Agency use in Litigation. A record may be disclosed in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when— (i) The agency, or any component there of, or (ii) Any employee of the agency in his or her official capacity, or (iii) Any employee of the agency in his or her official capacity where the Department of Justice has agreed to represent the employee, or (iv) The United States, where the agency determines that litigation is likely to affect the agency or any of its components, is a party to litigation or has an interest in such litigation, and the agency determines that their use of such records is relevant and necessary to the litigation, provided; however, that in each case, the agency determines that disclosure of the records to the court or adjudicative body is a use of the information contained in the records that is compatible with the purpose for which it is collected. (c) Disclosure to third parties. Personal information which may be disclosed under the Freedom of Information Act: (1) On military personnel: Name, rank, date of rank, gross salary, present and past duty assignments, future assignments that are officially established, office or duty telephone number, source of commission, promotion sequence number, awards and decorations, military and civilian educational level, duty status at any given time. (2) On civilian employees: Name, present and past position titles, grades, salaries, duty stations that include office or duty telephone numbers. However, disclosure of this information will not be made where the information requested is a list of present or past position titles, grades, salaries, and/or duty stations and, as such, is: (i) Selected to constitute a clearly unwarranted invasion of personal privacy. For example, the nature of the request calls for a response that would reveal more about the employee than the five enumerated items; (ii) Would be protected from mandatory disclosure under an exemption of the Freedom of Information Act. (iii) In addition to the information in §505.3(c)(2) above, the following information may be made available to a prospective employer of a current or former Army employee: Tenure of employment, civil service status, length of service in the Army and the Government and, date and reason for separation shown on the Notification of Personnel Action, SF 50. (d) Accounting of disclosure. (1) An accounting of disclosure is required whenever a record from an Army system of records is disclosed to someone other than the data subject, except when that record: (i) Is disclosed to officials within the Department of Defense who have a need for it in the performance of official business; (ii) Is required to be disclosed under the Freedom of Information Act. (2) Since the characteristics of records maintained within the Army vary widely, no uniform method for keeping the disclosure of accounting is prescribed. For most paper records, the accounting may be affixed to the record being disclosed. It must be a written record and consist of: (i) Description of the record disclosed; (ii) Name, position title, and address of the person to whom disclosure was made; (iii) Date, method, and purpose of the disclosure; and (iv) Name and position title of the person making the disclosure. (3) Purpose of the accounting of disclosure is to enable an individual: (i) To ascertain those persons/agencies that have received information about the individual, and (ii) To provide a basis for informing recipients of subsequent amendments or statements of dispute concerning the record. (4) When an individual requests such an accounting, the system manager or designee shall respond within 10 work days and inform the individual of the items in §505.3(d)(2) above. (5) The only basis for not furnishing the data subject an accounting of disclosures are if disclosure was made for law enforcement purposes under 5 U.S.C. 552a(b)(7), or the disclosure was from a system of records for which an exemption from 5 U.S.C. 552a(c)(3) has been claimed (see appendix C to this part). [50 FR 42164, Oct. 18, 1985, as amended at 58 FR 51013, Sept. 30, 1993]
Title 32: National Defense
PART 505—THE ARMY PRIVACY PROGRAM
§ 505.3 Disclosure of personal information to other agencies and third parties.
