[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Notices]
[Pages 5645-5646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2579]
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DEPARTMENT OF DEFENSE
Department of the Navy
Privacy Act of 1974; System of Records Notice
AGENCY: Department of the Navy, DoD.
ACTION: Notice to amend a record system.
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SUMMARY: The Department of the Navy proposes to amend a system of
records notice in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendment will be effective on March 8, 1999, unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's record system
notices for records systems subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been published in the Federal Register
and are available from the address above.
The Department of the Navy proposes to amend a system of records
notice in its inventory of record systems subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended. The changes to the system of records
are not within the purview of subsection (r) of the Privacy Act of 1974
(5 U.S.C. 552a), as amended, which requires the submission of new or
altered systems report. The record system being amended is set forth
below, as amended, published in its entirety.
Dated: January 29, 1999.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05800-1
System name:
Legal Office Litigation/Correspondence Files (September 20, 1993,
58 FR 48852).
Changes:
* * * * *
System manager(s) and address:
Delete entry and replace with `Associate General Counsel
(Litigation), Office of the General Counsel of the Navy, 901 M Street
SE, Washington Navy Yard, Washington, DC 20374-5012.'
Notification procedure:
Delete entry and replace with `Individuals seeking to determine
whether information about themselves is contained in this system should
address written inquiries to the naval activity involved in the
litigation or to the Office of the General Counsel of the Navy, 901 M
Street SE, Washington
[[Page 5646]]
Navy Yard, Washington, DC 20374-5012.
Written requests should include name and date litigation was
filed.'
Record access procedures:
Delete entry and replace with `Individuals seeking access to
information about themselves contained in this system of records should
address written inquiries to the naval activity involved in the
litigation or to the Office of the General Counsel of the Navy, 901 M
Street SE, Washington Navy Yard, Washington, DC 20374-5012.
Written requests should include full name and year litigation
commenced.'
* * * * *
N05800-1
System name:
Legal Office Litigation/Correspondence Files.
System location:
Organizational elements of the Department of the Navy. Official
mailing addresses are published as an appendix to the Navy's
compilation of systems of records notices.
Categories of individuals covered by the system:
Individuals involved in litigation which requires Navy action.
Categories of records in the system:
Statements; affidavits/declarations; investigatory and
administrative reports, including background investigations to
determine suitability for service; personnel, financial, medical and
business records; promotion/evaluation information; test or evaluation
materials; hotline complaints and responses thereto; discovery and
discovery responses; motions; orders; rulings; letters; messages;
forms; reports; surveys; audits; summons; English translations of
foreign documents; photographs; legal opinions; subpoenas; pleadings;
memos; related correspondence; briefs; petitions; court records
involving litigation; and, related matters.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations.
Purpose(s):
To prepare correspondence and materials for litigation.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of systems of records notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
File cabinets and computerized docket system.
Retrievability:
Name of individual and the year litigation commenced.
Safeguards:
Manual records are maintained in file cabinets under the control of
authorized personnel during working hours. The office space in which
the file cabinets are located is locked outside of official working
hours. Computer terminals are located in supervised areas. Access is
controlled by password or other user code system.
Retention and disposal:
After closure, records are sent to Federal Records Center where
they are retained permanently.
System manager(s) and address:
Associate General Counsel (Litigation), Office of the General
Counsel of the Navy, 901 M Street SE, Washington Navy Yard, Washington,
DC 20374-5012.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the naval activity involved in the litigation or to the Office of
the General Counsel of the Navy, 901 M Street SE, Washington Navy Yard,
Washington, DC 20374-5012.
Written requests should include name and date litigation was filed.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
the naval activity involved in the litigation or to the Office of the
General Counsel of the Navy, 901 M Street SE, Washington Navy Yard,
Washington, DC 20374-5012.
Written requests should include full name and year litigation
commenced.
Contesting record procedures:
The Navy's rules for accessing records, and for contesting contents
and appealing initial agency determinations are published in Secretary
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained
from the system manager.
Record source categories:
Court records, records from the individual, personal interviews and
statements, departmental records such as personnel files, medical
records, State and Federal records, police reports and complaints,
general correspondence.
Exemptions claimed for the system:
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5
U.S.C. 552a(k)(1).
Investigatory material compiled for law enforcement purposes may be
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any right, privilege, or benefit for which he would otherwise be
entitled by Federal law or for which he would otherwise be eligible, as
a result of the maintenance of such information, the individual will be
provided access to such information except to the extent that
disclosure would reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
Testing or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service may
be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would
compromise the objectivity or fairness of the test or examination
process.
Evaluation material used to determine potential for promotion in
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7),
but only to the extent that the disclosure of such material would
reveal the identity of a confidential source.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and 3, (c) and
(e) and published in 32 CFR part 701, subpart G. For additional
information contact the system manager.
[FR Doc. 99-2579 Filed 2-3-99; 8:45 am]
BILLING CODE 5000-04-F
