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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter I - Office of the Secretary of Defense |
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SubChapter O - Privacy Program |
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Part 310 - Dod Privacy Program |
Appendix D to Part 310 - Provisions of the Privacy Act From Which a General or Specific Exemption May Be Claimed
Latest version.
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Appendix D to Part 310 - Provisions of the Privacy Act From Which a General or Specific Exemption May Be Claimed
(See paragraph (d) of § 310.26 )
Exemptions Section of the Privacy Act (j)(2) (k) (1-7) No No (b)(1) Disclosures within the Department of Defense. No No (2) Disclosures to the public. No No (3) Disclosures for a “Routine Use.” No No (4) Disclosures to the Bureau of Census. No No (5) Disclosures for statistical research and reporting. No No (6) Disclosures to the NARA. No No (7) Disclosures for law enforcement purposes. No No (8) Disclosures under emergency circumstances. No No (9) Disclosures to the Congress. No No (10) Disclosures to the GAO. No No (11) Disclosures pursuant to court orders. No No (12) Disclosure to consumer reporting agencies. No No (c)(1) Making disclosure accountings. No No (2) Retaining disclosure accountings. Yes Yes (c)(3) Making disclosure accounting available to the individual. Yes No (c)(4) Informing prior recipients of corrections. Yes Yes (d)(1) Individual access to records. Yes Yes (2) Amending records. Yes Yes (3) Review of the Component's refusal to amend a record. Yes Yes (4) Disclosure of disputed information. Yes Yes (5) Access to information compiled in anticipation of civil action. Yes Yes (e)(1) Restrictions on collecting information. Yes No (e)(2) Collecting directly from the individual. Yes No (3) Informing individuals from whom information is requested. No No (e)(4)(A) Describing the name and location of the system. No No (B) Describing categories of individuals. No No (C) Describing categories of records. No No (D) Describing routine uses. No No (E) Describing records management policies and practices. No No (F) Identifying responsible officials. Yes Yes (e)(4)(G) Procedures for determining if a system contains a record on an individual. Yes Yes (H) Procedures for gaining access. Yes Yes (I) Describing categories of information sources. Yes No (e)(5) Standards of accuracy. No No (e)(6) Validating records before disclosure. No No (e)(7) Records of First Amendment activities. No No (e)(8) Notification of disclosure under compulsory legal process. No No (e)(9) Rules of conduct. No No (e)(10) Administrative, technical, and physical safeguards. No No (11) Notice for new and revised routine uses. Yes Yes (f)(1) Rules for determining if an individual is subject of a record. Yes Yes (f)(2) Rules for handling access requests. Yes Yes (f)(3) Rules for granting access. Yes Yes (f)(4) Rules for amending records. Yes Yes (f)(5) Rules regarding fees. Yes No (g)(1) Basis for civil action. Yes No (g)(2) Basis for judicial review and remedies for refusal to amend. Yes No (g)(3) Basis for judicial review and remedies for denial of access. Yes No (g)(4) Basis for judicial review and remedies for other failure to comply. Yes No (g)(5) Jurisdiction and time limits. Yes No (h) Rights of legal guardians. No No (i)(1) Criminal penalties for unauthorized disclosure. No No (2) Criminal penalties for failure to publish. No No (3) Criminal penalties for obtaining records under false pretenses. Yes1 No (j) Rulemaking requirement. N/A No (j)(1) General exemption for the Central Intelligence Agency. N/A No (j)(2) General exemption for criminal law enforcement records. Yes No (k)(1) Exemption for classified material. N/A No (k)(2) Exemption for law enforcement material. Yes N/A (k)(3) Exemption for records pertaining to Presidential protection. Yes N/A (k)(4) Exemption for statistical records. Yes N/A (k)(5) Exemption for investigatory material compiled for determining suitability for employment or service. Yes N/A (k)(6) Exemption for testing or examination material. Yes N/A (k)(7) Exemption for promotion evaluation materials used by the Armed Forces. Yes No (l)(1) Records stored in GSA records centers. Yes No (l)(2) Records archived before September 27, 1975. Yes No (l)(3) Records archived on or after September 27, 1975. Yes No (m) Applicability to Government contractors. Yes No (n) Mailing lists. Yes1 No (o) Reports on new systems. Yes1 No (p) Annual report.