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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 VI - Department of the Navy |
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SubChapter A - United States Navy Regulations and Official Records |
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Part 701 - Availability of Department of the Navy Records and Publication of Department of the Navy Documents Affecting the Public |
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Subpart F - DON Privacy Program |
§ 701.116 - PA systems of records notices overview.
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§ 701.116 PA systems of records notices overview.
(a) Scope. A “system of records notice” consists of “records” that are routinely retrieved by the name, or some other personal identifier, of an individual and under the control of the DON.
(b) Retrieval practices. How a record is retrieved determines whether or not it qualifies to be a system of records. For example, records must be retrieved by a personal identifier (name, SSN, date of birth, etc.) to qualify as a system of records. Accordingly, a record that contains information about an individual but IS NOT RETRIEVED by a personal identifier does not qualify as a system of records under the provisions of the PA. (Note: The “ability to retrieve” is not sufficient to warrant the establishment of a PA system of records. The requirement is retrieval by a name or personal identifier.) Should a business practice change, DON activities shall immediately contact CNO (DNS-36) to discuss the pending change, so that the systems notice can be changed or deleted as appropriate.
(c) Recordkeeping standards. A record maintained in a system of records subject to this instruction must meet the following criteria:
(1) Be accurate. All information in the record must be factually correct.
(2) Be relevant. All information contained in the record must be related to the individual who is the record subject and must be related to a lawful purpose or mission of the DON activity maintaining the record.
(3) Be timely. All information in the record must be reviewed periodically to ensure that it has not changed due to time or later events.
(4) Be complete. It must be able to stand alone in accomplishing the purpose for which it is maintained.
(5) Be necessary. All information in the record must be needed to accomplish a mission or purpose established by Federal Law or E.0. of the President.
(d) Approval. CNO (DNS-36) is the approval authority for Navy PA systems of records actions. CMC (ARSF) is the approval authority for Marine Corps PA systems of records actions. Activities wishing to create, alter, amend, or delete systems should contact CNO (DNS-36) or CMC (ARSF), respectively. Those officials will assist in electronically preparing and coordinating the documents for DOD/Congressional approval, as electronic processing is both time and cost efficient.
(e) Publication in the Federal Register. Per DOD 5400.11-R, the DPO has responsibility for submitting all rulemaking and changes to PA system of records notices for publication in the Federal Register and CFR.