Federal statute. Only deny the individual access to those portions of the records from which the denial of access serves some legitimate Governmental purpose.

(2) An individual may be refused access if the record is not described well enough to enable it to be located with a reasonable amount of effort on the part of an employee familiar with the file; or access is sought by an individual who fails or refuses to comply with the established procedural requirements, including refusing to name a physician to receive medical records when required or to pay fees. Always explain to the individual the specific reason access has been refused and how he or she may obtain access.

(3) Formal denials of access must be in writing and include as a minimum:

(i) The name, title or position, and signature of the appropriate Head of the HQ DLA principal staff element or primary level field activity.

(ii) The date of the denial.

(iii) The specific reason for the denial, including specific citation to the appropriate sections of the Privacy Act of 1974 (5 U.S.C. 552a) or other statutes, this part, or DLAR 5400.21 authorizing the denial.

(iv) Notice to the individual of his or her right to appeal the denial within 60 calendar days.

(v) The title or position and address of the Privacy Act appeals official, DLA-G, Cameron Station, Alexandria, VA 22304-6100.

(4) The individual will file any appeals from denial of access within 60 calendar days of receipt of the denial notification. DLA-G will process all appeals within 30 days of receipt unless a fair and equitable review cannot be made within that period. The written appeal notification granting or denying access is the final DLA action on access.

(5) The records in all systems of records maintained in accordance with the Office of Personnel Management (OPM) Government-wide system notices are technically only in the temporary custody of DLA. All requests for access to these records must be processed in accordance with the Federal Personnel Manual (5 CFR parts 293, 294, 297 and 735) as well as this part. DLA

G is responsible for the appellate review of denial of access to such records.

(c) Amendment of records. (1) Individuals are encouraged to review the personal information being maintained about them by DLA and to avail themselves of the procedures established by this part to update their records. An individual may request the amendment of any record contained in a system of records pertaining to him or her unless the system of record has been exempted specifically from the amendment procedures of this part. Normally, amendments under this part are limited to correcting factual matters and not matters of official judgment, such as performance ratings promotion potential, and job performance appraisals.

(2) The applicant must adequately support his or her claim and may be required to provide identification to ensure that they are indeed seeking to amend a record pertaining to themselves and not, inadvertently or intentionally, the record of others. Consider the following factors when evaluating the sufficiency of a request to amend:

(i) The accuracy of the information itself.

(ii) The relevancy, timeliness, completeness, and necessity of the recorded information for accomplishing an assigned mission or purpose.

(3) Provide written acknowledgement of a request to amend within 10 working days of its receipt by the appropriate systems manager. There is no need to acknowledge a request if the action is completed within 10 working days and the individual is so informed. The letter of acknowledgement shall clearly identify the request and advise the individual when he or she may expect to be notified of the completed action. Only under the most exceptional circumstances will more than 30 days be required to reach a decision on a request to amend.

(4) If the decision is made to grant all or part of the request for amendment, amend the record accordingly and notify the requester. Notify all previous recipients of the information, as reflected in the disclosure accounting records, that an amendment has been made and the substance of the amendment. Recipients who are known to be

and clearly identify the statement with the disputed information in the system. Provide a copy of the statement of disagreement whenever the disputed information is disclosed for any purpose.

(9) A summary of reasons for refusing to amend may be included with any record for which a statement of disagreement is filed. Include in this summary only the reasons furnished to the individual for not amending the record. Do not include comments on the statement of disagreement. Normally, the summary and statement of disagreement are filed together. When disclosing information for which a summary has been filed, a copy of the summary may be included in the release, if desired.

(d) Documentation. Establish a separate Privacy Case File to retain the documentation received and generated during the amendment or access process. There is no need to establish a Privacy Case File if the individual has not cited the Privacy Act or this part. Privacy Case Files shall not be furnished or disclosed to anyone for use in making any determination about the individual other than determinations made under this part. Only the items listed below may be included in the system of records challenged for amendment or for which access is sought. Do not retain copies of unamended records in the basis record system if the request for amendment is granted.

(1) The following items relating to an amendment request may be included in the disputed record system:

(i) Copies of the amended record. (ii) Copies of the individual's statement of disagreement.

(iii) Copies of activity summaries. (iv) Supporting documentation submitted by the individual.

(2) The following items relating to an access request may be included in the basic records system:

(i) Copies of the request.

(ii) Copies of the activity action granting total access. (Note: A separate Privacy Case File need not be created in such cases.)

(iii) Copies of the activity action denying access.

(iv) Copies of any appeals filed.

(v) Copies of the reply to the appeal.

be

(e) Fees. An individual may charged only for the direct cost of copying and reproduction, computed using the appropriate portions of the fee schedule in DLAR 5400.14 (32 CFR part 1285) under the provisions of this part. Normally, fees are waived automatically if the direct costs of a given request is less than $30. This fee waiver provision does not apply when a waiver has been granted to the individual before, and later requests appear to be an extension or duplication of that original request. DLA activities may, however, set aside this automatic fee waiver provision when on the basis of good evidence it determines that the waiver of fees is not in the public interest. Decisions to waive or reduce fees that exIceed the automatic waiver threshold will be made on a case-by-case basis. Fees may not be charged when:

(1) Copying is performed for the convenience of the Government or is the only means to make the record available to the individual.

(2) The record may be obtained without charge under any other part, directive, or statute.

(3) Providing documents to members of Congress for copying records furnished even when the records are requested under the Privacy Act on behalf of a constituent.

(f) Disclosures of personal information. (1) For the purposes of disclosure and disclosure accounting, the Department of Defense is considered a single agency. Records pertaining to an individual may be disclosed without the consent of the individual to any DoD official who has need for the record in the performance of his or her assigned duties. Do not disclose personnel information from a system of records outside the Department of Defense unless the record has been requested by the individual to whom it pertains; the written consent of the individual to whom the record pertains has been obtained for release of the record to the requesting agency, activity, or individual; or the release is for one of the specific nonconsensual purposes set forth in this part or DLAR 5400.14, (32 CFR part 1285).

(2) Except for releases made in accordance with DLAR 5400.14, (32 CFR

part 1285) before disclosing any personal information to any recipient outside DoD other than a Federal agency or the individual to whom it pertains; (i) Ensure that the records are accurate, timely, complete, and relevant for agency purposes.

(ii) Contact the individual, if reasonably available, to verify the accuracy, timeliness, completeness, and relevancy of the information, if this cannot be determined from the record.

(iii) If the information is not current and the individual is not reasonably available, advise the recipient that the information is believed accurate as of a specific date and any other known factors bearing on its accuracy and relevancy.

(3) All records must be disclosed if their release is required by the Freedom of Information Act. DLAR 5400.14, (32 CFR part 1285) requires that records be made available to the public unless exempted from disclosure by one of the nine exemptions found in the Freedom of Information Act. The standard for exempting most personal records, such as personnel records, medical records, and similar records, is found in DLAR 5400.14, section IIIG6 (32 CFR 1285.3(g)(f). Under the exemption, release of personal information can only be denied when its release would be a "clearly unwarranted invasion of personal privacy."

(i) All disclosures of personal information regarding Federal civilian employees will be made in accordance with the Federal Personnel Manual. Some examples of personal information regarding DoD civilian employees that normally may be released without a clearly unwarranted invasion of personal privacy include:

(A) Name.

military personnel records in every instance, the following items of personal information regarding military members normally may be disclosed without a clearly unwarranted invasion of their personal privacy:

(A) Full name.

(B) Rank.

(C) Date of rank. (D) Gross salary.

(E) Past duty assignments. (F) Present duty assignment. (G) Future assignments that are officially established.

(H) Office or duty telephone numbers. (1) Source of commission. (J) Promotion sequence number. (K) Awards and decorations. (L) Attendance at professional military schools.

(M) Duty status at any given time.

(iii) All releases of personal information regarding civilian personnel not subject to the FPM shall be made in accordance with the standards established by DLAR 5400.14 (32 CFR part 1285). While it is not possible to identify categorically those items of personal information that must be released regarding civilian employees not subject to the FPM, such as nonappropriated fund employees, normally the following items may be released without a clearly unwarranted invasion of personal privacy:

(A) Full name.

(B) Grade or position. (C) Date of grade.

(D) Gross salary.

(ii) The source of the information to be released is a public document such as commercial telephone directory or other public listing.

(iii) The release is required by Federal statute (for example, pursuant to Federally-funded state programs to locate parents who have defaulted on child support payments (42 U.S.C. section 653).)

(iv) The releasing official releases the information under the provisions of DLAR 5400.14, (32 CFR part 1285).

(5) Records may be disclosed outside DoD without consent of the individual to whom they pertain for an established routine use. Routine uses may be established, discontinued, or amended without the consent of the individuals involved. However, new or changed routine uses must be published in the FEDERAL REGISTER at least 30 days before actually disclosing any records under their provisions. In addition to the routine uses established by the individual system notices, common blanket routine uses for all DLA-maintained systems of records have been established. These blanket routine uses are published in DLAH 5400.1,1 DLA Systems of Records Handbook. Unless a system notice specifically excludes a system from a given blanket routine use, all blanket routine uses apply.

of

(6) Records in DLA systems records may be disclosed without the consent of the individuals to whom they pertain to the Bureau of the Census for purposes of planning or carrying out a census survey or related activities.

(7) Records may be disclosed for statistical research and reporting without the consent of the individuals to whom they pertain. Before such disclosures, the recipient must provide advance written assurance that the records will be used as statistical research or reporting records; the records will only be transferred in a form that is not individually identifiable; and the records will not be used, in whole or in part, to make any determination about the rights, benefits, or entitlements of spe

1Copies may be obtained, if needed, from the Defense Logistics Agency, ATTN: DLAXP, Cameron Station, Alexandria, VA 22304.

cific individuals. A disclosure accounting is not required.

(8) Records may be disclosed without the consent of the individual to whom they pertain to the National Archives and Records Administration (NARA) if they have historical or other value to warrant continued preservation; or for evaluation by NARA to determine if a record has such historical or other value. Records transferred to a Federal Record Center (FRC) for safekeeping and storage do not fall within this category. These remain under the control of the transferring activity, and the FRC personnel are considered agents of the activity which retain control over the records. No disclosure accounting is required for the transfer of records to FRCS.

(9) Records may be disclosed without the consent of the individual to whom they pertain to another agency or an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, provided the civil or criminal law enforcement activity is authorized by law; the head of the law enforcement acitivity or a designee has made a written request specifying the particular records desired and the law enforcement purpose (such as criminal investigations, enforcement of civil law, or a similar propose) for which the record is sought; and there is no Federal statute that prohibits the disclosure of the records. Normally, blanket requests for access to any and all records pertaining to an individual are not honored. When a record is released to a law enforcement activity, maintain a disclosure accounting. This disclosure accounting will not be made available to the individual to whom the record pertains if the law enforcement activity requests that the disclosure not be released.

(10) Records may be disclosed without the consent of the individual to whom they pertain if disclosure is made under compelling circumstances affecting the health or safety of any individual. The affected individual need not be the subject of the record disclosed. When such a disclosure is made, notify the individual who is the subject of the record. Notification sent to the