[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19910-19914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10979]
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DEPARTMENT OF DEFENSE
Department of the Navy
Privacy Act of 1974; Amend Record System
AGENCY: Department of the Navy, DOD.
ACTION: Amend record system.
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SUMMARY: The Department of the Navy proposes to amend one system of
records notice in its inventory of record
[[Page 19911]]
systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendment will be effective on June 3, 1996, unless comments
are received that would result in a contrary determination.
ADDRESSES: Send comments to the Head, PA/FOIA 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 one 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 specific changes to the system of records are set forth below
followed by the system of records notice published in its entirety, as
amended. The amendments 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 reports.
Dated: April 29, 1996.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N06320-2
System name:
Family Advocacy Program System (September 20, 1993, 58 FR 48869).
Changes:
* * * * *
System location:
Delete entry and replace with `Case files: Family Service Center,
Family Advocacy Center, and/or Medical Treatment Facilities at the
local naval activity that services the local beneficiaries. Official
mailing addresses for naval activities are published as an appendix to
the Navy's compilation of systems of records notices.
Central Registry: Commanding Officer, Naval Medical Management
Information Center, 8901 Wisconsin Avenue, Bethesda, MD 20889-5066.
Centralized Child Sexual Abuse Case files: Chief of Naval Personnel
(Pers-661), 2 Navy Annex, Washington, DC 20370-6610.'
Categories of individuals covered by the system:
Delete entry and replace with `All beneficiaries entitled to care
at Navy medical and dental facilities whose abuse or neglect is brought
to the attention of appropriate authorities, and all beneficiaries
reported for abusing or neglecting such victims.'
Categories of records in the system:
Delete entry and replace with `The Central Registry consists of
information extracted from DD Form 2486.
Individual case files are maintained on the victim and alleged
offender who qualify as beneficiaries.
Victim's file: consists of in-take data, photographs, audio tapes,
risk assessment, case notes, committee reports, correspondence and
other supporting data assembled relevant to abuse or neglect and
generated by the Family Advocacy Program staff that are specific to the
victim.
Offender's file: consists of in-take data, photographs, audio
tapes, risk assessment, case notes, committee reports, correspondence
and other supporting data assembled relevant to abuse or neglect and
generated by the Family Advocacy Program staff that are specific to the
offender.
Other non-permanent records generated outside of the Family
Advocacy Program (i.e., NCIS investigative reports, local police
reports, base security incident complaint reports, psychiatric and
substance abuse evaluations, treatment reports, copies of pertinent
medical record entries, child protective services reports, shelter
reports, etc.), are maintained in a separate folder. The documents are
retrieved by case number only.'
Authority for maintenance of the system:
Delete entry and replace with `5 U.S.C. 301, Departmental
Regulations; E.O. 9397; DOD Directives 6400.1, 6400.1M, 6400.2;
SECNAVINST 1752.3; OPNAVINST 1752.2; and NAVMEDCOMINST 6320.22.'
Purpose(s):
Delete entry and replace with `To collect information pertaining to
the identification, prevention, evaluation, intervention, treatment and
rehabilitation of beneficiaries involved in abuse or neglect.
To notify and provide pertinent information to DOD and DON
officials responsible for intervening in abuse and/or neglect
incidents.
To provide headquarters centralized case management of child sexual
abuse incidents.'
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete the seventh paragraph.
Storage:
Delete entry and replace with `Records may be stored in file
folders, microfilm, personal computers, and other computerized or
machine readable media.'
Retrievability:
Delete entry and replace with `Victim's file is retrieved by name
of victim, case number, their Social Security Number, and/or year of
incident.
Alleged offender's file is retrieved by alleged offender's name,
case number, their Social Security Number and/or year of incident.
Central registry data is retrieved by any identifying data element
on the DD Form 2486.'
Safeguards:
Delete entry and replace with 'These files are highly sensitive and
must be protected from unauthorized disclosure. While records may be
maintained in various kinds of filing equipment, specific emphasis is
given to ensuring that the equipment areas are monitored or have
controlled access. Records are accessible only to authorized personnel
who are properly screened and trained and/or have a need-to-know
consistent with the purpose for which the information was collected.
Information maintained on a computer requires password protection.
Computer terminals are located in supervised areas with access
controlled system.
Family Advocacy Program Staff will ensure that the in-take
assessment and clinical notes are not duplicated and placed in both the
victim and alleged offender's files.'
Retention and disposal:
Delete entry and replace with `Family Advocacy Program case records
are maintained at the activity 4 years after the last entry in the
file. If there is no subsequent activity 4 years after closure, the
records are transferred to the National Personnel Records Center, 9600
Page Boulevard, St. Louis, MO 63132-5100, where they are retained for
50 years and then destroyed.
Central Registry data base is retained permanently at the Naval
Medical Information Management Center. Paper copies are maintained for
3 years and then destroyed.'
System manager(s) and address:
Delete entry and replace with `Central Registry: Chief, Bureau of
Medicine and
[[Page 19912]]
Surgery, 2300 E Street, NW, Washington, DC 20372-5120.
Program Manager for Child Sexual Abuse Files: Chief of Naval
Personnel (Pers-661), 2 Navy Annex, Washington, DC 20370-6610.
Case Files: Commanding officers of installations with Family
Service Centers, Medical Treatment Facilities, or Family Advocacy
Centers at naval activities. Official mailing addresses are published
as an appendix to the Navy's compilation of systems of records
notices.'
Notification procedure:
Delete entry and replace with `Individuals seeking to determine
whether this system of records contains information in the case files
about themselves should address written inquiries to the commanding
officer of the naval activity from which they received treatment.
Official mailing addresses are published as an appendix to the Navy's
compilation of systems of records.
Request should contain the full name and Social Security Number of
the individual, and/or year of the incident.
Individuals seeking to determine whether this system of records
contains information in the Central Registry about themselves should
address written inquiries to the Chief, Bureau of Medicine and Surgery,
2300 E Street, NW, Washington, DC 20372-5120.
Requests should contain the full name and Social Security Number of
the individual.
Individuals seeking to determine whether this system of records
contains information in the centralized Child Sexual Abuse files about
themselves should address written inquiries to the Chief of Naval
Personnel (Pers-661) 2 Navy Annex, Washington, DC 20370-6610.
Requests should contain the full name and Social Security Number of
the individual.'
Record access procedures:
Delete entry and replace with `Individuals seeking to access
records about themselves in the case files should address written
inquiries to the commanding officer of the naval activity from which
they received treatment. Official mailing addresses are published as an
appendix to the Navy's compilation of systems of records.
Request should contain the full name and Social Security Number of
the individual, and/or year of the incident.
Individuals seeking to access records about themselves that are
contained in the Central Registry about themselves should address
written inquiries to the Chief, Bureau of Medicine and Surgery, 2300 E
Street, NW, Washington, DC 20372-5120.
Requests should contain the full name and Social Security Number of
the individual.
Individuals seeking to access records about themselves contained in
the centralized Child Sexual Abuse files about themselves should
address written inquiries to the Chief of Naval Personnel (Pers-661) 2
Navy Annex, Washington, DC 20370-6610.
Requests should contain the full name and Social Security Number of
the individual.'
* * * * *
Record source categories:
Delete entry and replace with `Victim; offender; medical and dental
records; educational institutions; medical institutions; private
practitioners; law enforcement agencies; public and private health and
welfare agencies; and witnesses.'
* * * * *
N06320-2
System name:
Family Advocacy Program System.
System location:
Case files: Family Service Center, Family Advocacy Center, and/or
Medical Treatment Facilities at the local naval activity that services
the local beneficiaries. Official mailing addresses for naval
activities are published as an appendix to the Navy's compilation of
systems of records notices.
Central Registry: Commanding Officer, Naval Medical Management
Information Center, 8901 Wisconsin Avenue, Bethesda, MD 20889-5066.
Centralized Child Sexual Abuse Case files: Chief of Naval Personnel
(Pers-661), 2 Navy Annex, Washington, DC 20370-6610.
Categories of individuals covered by the system:
All beneficiaries entitled to care at Navy medical and dental
facilities whose abuse or neglect is brought to the attention of
appropriate authorities, and all beneficiaries reported for abusing or
neglecting such victims.
Categories of records in the system:
The Central Registry consists of information extracted from DD Form
2486, entitled Child/Spouse Abuse Incident Report.
Individual case files are maintained on the victim and alleged
offender who qualify as beneficiaries.
Victim's file: consists of in-take data, photographs, audio tapes,
risk assessment, case notes, committee reports, correspondence and
other supporting data assembled relevant to abuse or neglect and
generated by the Family Advocacy Program staff that are specific to the
victim.
Offender's file: consists of in-take data, photographs, audio
tapes, risk assessment, case notes, committee reports, correspondence
and other supporting data assembled relevant to abuse or neglect and
generated by the Family Advocacy Program staff that are specific to the
offender.
Other non-permanent records generated outside of the Family
Advocacy Program (i.e., NCIS investigative reports, local police
reports, base security incident complaint reports, psychiatric and
substance abuse evaluations, treatment reports, copies of pertinent
medical record entries, child protective services reports, shelter
reports, etc.), are maintained in a separate folder. The documents are
retrieved by case number only.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; E.O. 9397; DOD Directives
6400.1, 6400.1-M, 6400.2; SECNAVINST 1752.3; OPNAVINST 1752.2; and
NAVMEDCOMINST 6320.22.
Purpose(s):
To collect information pertaining to the identification,
prevention, evaluation, intervention, treatment and rehabilitation of
beneficiaries involved in abuse or neglect.
To notify and provide pertinent information to DOD and DON
officials responsible for intervening in abuse and/or neglect
incidents.
To provide headquarters centralized case management of child sexual
abuse incidents.
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:
To the Executive Branch of government in the performance of their
official duties relating to the coordination of family advocacy
programs, medical care, and research concerning family member abuse or
neglect.
To federal, state or local government agencies when it is deemed
[[Page 19913]]
appropriated to utilize civilian resources in the counseling and
treatment of individuals or families involved in abuse or neglect or
when it is deemed appropriate or necessary to refer a case to civilian
authorities for civil or criminal law enforcement.
To authorized officials and employees of the National Academy of
Sciences, and private and public organizations and individuals for
authorized health research in the interest of the federal government
and the public. When not considered mandatory, patient identification
data shall be eliminated from records used for research studies.
To officials and employees of federal, state, and local governments
and agencies when required by law and/or regulation in furtherance of
local communicable disease control, family abuse prevention programs,
preventive medicine and safety programs, and other public health and
welfare programs.
To officials and employees of local and state governments and
agencies in the performance of their official duties relating to
professional certification, licensing, and accreditation of health care
providers.
To law enforcement officials to protect the life and welfare of
third parties. This release will be limited to necessary information.
Consultation with the hospital or regional judge advocate is advised.
The `Blanket Routine Uses' that appear at the beginning of the
Navy's compilation of systems notices also apply to this system.
Note: Records of identify, diagnosis, prognosis or treatment of any
patient which are maintained in connection with the performance of any
program or activity relating to substance abuse education, prevention,
training, treatment, rehabilitation, or research, which is conducted,
regulated, or directly or indirectly assisted by any department or
agency of the United Sates shall, except as provided in 42 U.S.C.
290dd-2(e), be confidential and be disclosed only for the purposes and
under the circumstances expressly authorized in 42 U.S.C. 290dd-2(b).
These statutes take precedence over the Privacy Act of 1974 in regard
to accessibility of such records except to the individual to whom the
record pertains. The `Blanket Routine Uses' do not apply to these types
of records.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records may be stored in file folders, microfilm, magnetic tape,
machine lists, discs, and other computerized or machine readable media.
Retrievability:
Victim's file is retrieved by name of victim, case number, their
Social Security Number, and/or year of incident.
Alleged offender's file is retrieved by alleged offender's name,
case number, their Social Security Number and/or year of incident.
Central registry data is retrieved by any identifying data element
on the DD Form 2486.
Safeguards:
These files are highly sensitive and must be protected from
unauthorized disclosure. While records may be maintained in various
kinds of filing equipment, specific emphasis is given to ensuring that
the equipment areas are monitored or have controlled access. Records
are accessible only to authorized personnel who are properly screened
and trained and/or have a need-to-know consistent with the purpose for
which the information was collected.
Information maintained on a computer requires password protection.
Computer terminals are located in supervised areas with access
controlled system.
Family Advocacy Program Staff will ensure that the in-take
assessment and clinical notes are not duplicated and placed in both the
victim and alleged offender's files.
Retention and disposal:
Family Advocacy Program case records are maintained at the activity
4 years after the last entry in the file. If there is no subsequent
activity 4 years after closure, the records are transferred to the
National Personnel Records Center, 9600 Page Boulevard, St. Louis, MO
63132-5100, where they are retained for 50 years and then destroyed.
Central Registry data base is retained permanently at the Naval
Medical Information Management Center. Paper copies are maintained for
3 years and then destroyed.
System manager(s) and address:
Central Registry: Chief, Bureau of Medicine and Surgery, 2300 E
Street, NW, Washington, DC 20372-5120.
Program Manager for Child Sexual Abuse Files: Chief of Naval
Personnel (Pers-661), 2 Navy Annex, Washington, DC 20370-6610.
Case Files: Commanding officers of installations with Family
Service Centers, Medical Treatment Facilities, or Family Advocacy
Centers at naval activities. Official mailing addresses are published
as an appendix to the Navy's compilation of systems of records notices.
Notification procedure:
Individuals seeking to determine whether this system of records
contains information in the case files about themselves should address
written inquiries to the commanding officer of the naval activity from
which they received treatment. Official mailing addresses are published
as an appendix to the Navy's compilation of systems of records.
Request should contain the full name and Social Security Number of
the individual, and/or year of the incident.
Individuals seeking to determine whether this system of records
contains information in the Central Registry about themselves should
address written inquiries to the Chief, Bureau of Medicine and Surgery,
2300 E Street, NW, Washington, DC 20372-5120.
Requests should contain the full name and Social Security Number of
the individual.
Individuals seeking to determine whether this system of records
contains information in the centralized Child Sexual Abuse files about
themselves should address written inquiries to the Chief of Naval
Personnel (Pers-661) 2 Navy Annex, Washington, DC 20370-6610.
Requests should contain the full name and Social Security Number of
the individual.
Record access procedures:
Individuals seeking to access records about themselves in the case
files should address written inquiries to the commanding officer of the
naval activity from which they received treatment. Official mailing
addresses are published as an appendix to the Navy's compilation of
systems of records.
Request should contain the full name and Social Security Number of
the individual, and/or year of the incident.
Individuals seeking to access records about themselves that are
contained in the Central Registry about themselves should address
written inquiries to the Chief, Bureau of Medicine and Surgery, 2300 E
Street, NW, Washington, DC 20372-5120.
Requests should contain the full name and Social Security Number of
the individual.
Individuals seeking to access records about themselves contained in
the centralized Child Sexual Abuse files about themselves should
address
[[Page 19914]]
written inquiries to the Chief of Naval Personnel (Pers-661) 2 Navy
Annex, Washington, DC 20370-6610.
Requests should contain the full name and Social Security Number of
the individual.
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:
Victim; offender; medical and dental records; educational
institutions; medical institutions; private practitioners; law
enforcement agencies; public and private health and welfare agencies;
and witnesses.
Exemptions claimed for the system:
Parts of this system may be exempt under 5 U.S.C. 552a(k)(2) and
(k)(5), as applicable.
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. 96-10979 Filed 05-02-96; 8:45 am]
BILLING CODE 5000-04-F
