[Federal Register Volume 78, Number 86 (Friday, May 3, 2013)]
[Rules and Regulations]
[Pages 25853-25857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10523]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 323
RIN 0790-AI86
[Docket ID: DOD-2012-OS-0018]
Defense Logistics Agency Privacy Program
AGENCY: Defense Logistics Agency, DoD.
ACTION: Final rule.
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SUMMARY: The Defense Logistics Agency (DLA) is revising its Privacy Act
procedural and exemption rules. The DLA Privacy Offices have been
repositioned under the DLA General Counsel; therefore, responsibilities
have been updated to reflect the repositioning. In addition, DLA has
adopted revisions to the DoD Privacy Program.
DATES: This rule is effective June 3, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 767-5045.
SUPPLEMENTARY INFORMATION: The proposed rule was published on August 6,
2012 (77 FR 46653). No comments were received.
Executive Summary
I. Purpose of This Regulatory Action
a. This rule provides policies and procedures for the Defense
Logistics Agency's implementation of the Privacy Act of 1974, as
amended. In addition, DLA has adopted specific sections of the DoD
Privacy Program as published in 32 CFR part 310.
b. Authority: Privacy Act of 1974, Pub. L. 93-579, Stat. 1896 (5
U.S.C. 552a).
II. Summary of the Major Provisions of This Regulatory Action
The DLA Privacy Offices have been repositioned under the DLA
General Counsel; therefore, responsibilities have been updated to
reflect the repositioning.
III. Costs and Benefits of This Regulatory Action
This regulatory action imposes no monetary costs to the Agency or
public. The benefit to the public is the accurate reflection of the
Agency's Privacy Program to ensure that policies and procedures are
known to the public.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that Privacy Act rules for the Department of
Defense are not significant rules. The rules do not (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy; a sector of the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, or tribal governments or communities; (2) create a serious
inconsistency or otherwise interfere with an action taken or planned by
another Agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in these Executive orders.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been determined that Privacy Act rules for the Department of
Defense do not have significant economic impact on a substantial number
of small entities because they are concerned only with the
administration of Privacy Act
[[Page 25854]]
systems of records within the Department of Defense.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that Privacy Act rules for the Department of
Defense impose no additional information collection requirements on the
public under the Paperwork Reduction Act of 1995.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that Privacy Act rulemaking for the
Department of Defense does not involve a Federal mandate that may
result in the expenditure by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more and
that such rulemaking will not significantly or uniquely affect small
governments.
Executive Order 13132, ``Federalism''
It has been determined that Privacy Act rules for the Department of
Defense do not have federalism implications. The rules do not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
List of Subjects in 32 CFR Part 323
Privacy.
Accordingly, 32 CFR part 323 is revised to read as follows:
PART 323--DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM
Sec.
323.1 Purpose.
323.2 Applicability.
323.3 Policy.
323.4 Responsibilities.
323.5 Access to systems of records information.
323.6 Exemption rules.
Authority: Privacy Act of 1974, Pub. L. 93-579, Stat. 1896 (5
U.S.C. 552a).
Sec. 323.1 Purpose.
This part sets out Defense Logistics Agency policy, assigns
responsibilities, and prescribes procedures for the effective
administration of the DLA Privacy Program.
Sec. 323.2 Applicability.
This part:
(a) Applies to Defense Logistics Agency Headquarters (DLA HQ) and
all other organizational entities within the Defense Logistics Agency
(hereafter referred to as ``DLA Components'').
(b) Shall be made applicable by contract or other legally binding
action to U.S. Government contractors whenever a DLA contract requires
the performance of any activities associated with maintaining a system
of records, including the collection, use, and dissemination of records
on behalf of DLA.
Sec. 323.3 Policy.
DLA adopts and supplements the DoD Privacy Program policy and
procedures codified at 32 CFR 310.4 through 310.53, and appendices A
through H of 32 CFR part 310.
Sec. 323.4 Responsibilities.
(a) General Counsel. The General Counsel, DLA, under the authority
of the Director, Defense Logistics Agency:
(1) Implements the DLA Privacy Program and is hereby designated as
the Component Senior Official for Privacy.
(2) Serves as the DLA Final Denial Appellate Authority.
(3) Provides advice and assistance on all legal matters arising out
of, or incident to, the implementation and administration of the DLA
Privacy Program.
(4) Serves as the DLA focal point on Privacy Act litigation with
the Department of Justice; and will advise the Defense Privacy and
Civil Liberties Office on the status of DLA privacy litigation. This
responsibility may be delegated.
(5) Serves as a member of the Defense Privacy Board Legal
Committee. This responsibility may be delegated.
(6) Supervises and administers the DLA FOIA and Privacy Act Office
(DGA) and assigned staff. This responsibility may be delegated.
(7) May exempt DLA systems of records.
(b) Initial Denial Authority (IDA) at Headquarters DLA. By this
part, the DLA Director designates the Head of each Headquarters DLA
Component as an IDA. Each Head may further delegate this responsibility
to their Deputy. For the DLA General Counsel's Office, the Deputy
General Counsel shall serve as the Initial Denial Authority (IDA).
(c) DLA Privacy Act Office. The DLA Privacy Act Office (DGA) staff:
(1) Formulates policies, procedures, and standards necessary for a
uniform DLA Privacy Program.
(2) Serves as the DLA representative on the Defense Privacy Board
and the Defense Data Integrity Board.
(3) Provides advice and assistance on privacy matters.
(4) Develops or compiles the rules, notices, and reports required
under 32 CFR part 310.
(5) Assesses the impact of technology on the privacy of personal
information.
(6) Conducts Privacy training for personnel assigned, employed, and
detailed, including contractor personnel and individuals having primary
responsibility for implementing the DLA Privacy Program.
(7) Develops forms used within the DLA Privacy Program. This part
serves as the prescribing document for forms developed for the DLA
Privacy Program.
(d) DLA Components Heads. The DLA Components Heads:
(1) Designate an individual as the point of contact for Privacy
matters for their DLA Component and advise DGA of the name of official
so designated. This individual also will serve as the Privacy Officer
for the co-located tenant DLA organizations.
(2) Designate an official to serve as the initial denial authority
for initial requests for access to an individual's records or
amendments to records, and will advise DGA of the names of the
officials so designated.
(e) DLA Acquisition Management Directorate (J-7). The DLA
Acquisition Management Directorate (J-7) shall be responsible for:
(1) Developing the specific DLA policies and procedures to be
followed when soliciting bids, awarding contracts or administering
contracts that are subject to 32 CFR 310.12.
(2) Establishing an appropriate contract surveillance program to
ensure contractors comply with the procedures established in accordance
with 32 CFR 310.12.
Sec. 323.5 Access to systems of records information.
(a) Individuals who wish to gain access to records contained in a
system of records about themselves will submit their request in writing
to the DLA FOIA/Privacy Act Office, Headquarters, Defense Logistics
Agency, ATTN: DGA, 8725 John J. Kingman Road, Suite 1644, Fort Belvoir,
VA 22060-6221. Any written request must:
(1) Identify the particular ``system(s) of records'' to be
searched;
(2) Contain the information listed under the ``Notification
procedure'' or ``Record access procedures'' elements of the applicable
system of records notice;
(3) Verify identity when the information sought is of a sensitive
nature by submitting an unsworn declaration in accordance with 28.
U.S.C. 1746 or notarized signature;
(4) Adequately explain a request for expedited processing, if
applicable;
(5) State whether they agree to pay fees associated with the
processing of your request; and
(6) Contain a written release authority if records are to be
released to a third
[[Page 25855]]
party. Third parties could be, but are not limited to, a law firm, a
Congressman's office, a union official, or a private entity.
(b) Amendment and/or Access denials will be processed in accordance
with 32 CFR 310.18 and 310.19.
(c) If an individual disagrees with the initial agency
determination regarding notification, access, or amendment, he may
appeal by writing to the General Counsel, Defense Logistics Agency,
ATTN: DGA, Suite 1644, 8725 John J. Kingman Road, Fort Belvoir, VA
22060-6221 or by emailing the appeal to [email protected] or by faxing
the appeal to (703) 767-6091.
Sec. 323.6 Exemption rules.
(a) The Director, DLA or designee may claim an exemption from any
provision of the Privacy Act from which an exemption is allowed.
(b) An individual is not entitled to access information that is
compiled in reasonable anticipation of a civil action or proceeding.
The term ``civil action or proceeding'' is intended to include court
proceedings, preliminary judicial steps, and quasi-judicial
administrative hearings or proceedings (i.e., adversarial proceedings
that are subject to rules of evidence). Any information prepared in
anticipation of such actions or proceedings, to include information
prepared to advise DLA officials of the possible legal or other
consequences of a given course of action, is protected. The exemption
is similar to the attorney work-product privilege except that it
applies even when the information is prepared by non-attorneys. The
exemption does not apply to information compiled in anticipation of
criminal actions or proceedings.
(c) Exempt Records Systems. All systems of records maintained by
the Defense Logistics Agency will be exempt from the access provisions
of 5 U.S.C. 552a(d) and the notification of access procedures of 5
U.S.C. 522a(e)(4)(H) pursuant to 5 U.S.C. 552a(k)(1) to the extent that
the system contains any information properly classified under Executive
Order 13526 and which is required by the Executive Order to be kept
secret in the interest of national defense or foreign policy. This
exemption, which may be applicable to parts of all DLA systems of
records, is necessary because certain record systems not otherwise
specifically designated for exemptions herein may contain isolated
items of information which have been properly classified.
(d) System Identifier: S170.04 (Specific exemption).
(1) System name: Debarment and Suspension Files.
(2) Exemption: (i) Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). If an individual, however, 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 the information, the individual will be provided access to the
information except to the extent that disclosure would reveal the
identity of a confidential source. NOTE: When claimed, this exemption
allows limited protection of investigative reports maintained in a
system of records used in personnel or administrative actions.
(ii) 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.
(iii) The specific sections of 5 U.S.C. 552a from which the system
is exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), (e)(1),
(e)(4)(G), (H), and (I), and (f).
(3) Authorities: 5 U.S.C. 552a(k)(2) and (k)(5).
(4) Reasons: (i) From 5 U.S.C. 552a(c)(3), as granting access to
the accounting for each disclosure, as required by the Privacy Act,
including the date, nature, and purpose of each disclosure and the
identity of the recipient, could alert the subject to the existence of
an investigation or prosecutive interest by DLA or other agencies. This
seriously could compromise case preparation by prematurely revealing
its existence and nature; compromise or interfere with witnesses or
making witnesses reluctant to cooperate; and lead to suppression,
alteration, or destruction of evidence.
(ii) From 5 U.S.C. 552a(d)(1) through (4) and (f), as providing
access to records of a civil investigation, and the right to contest
the contents of those records and force changes to be made to the
information contained therein, would seriously interfere with and
thwart the orderly and unbiased conduct of an investigation and impede
case preparation. Providing access rights normally afforded under the
Privacy Act would provide the subject with valuable information that
would: Allow interference with or compromise of witnesses or render
witnesses reluctant to cooperate; lead to suppression, alteration, or
destruction of evidence; and result in the secreting of or other
disposition of assets that would make them difficult or impossible to
reach to satisfy any Government claim arising from the investigation or
proceeding.
(iii) From 5 U.S.C. 552a(e)(1), as it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
(iv) From 5 U.S.C. 552a(e)(4)(G) and (H), as there is no necessity
for such publication since the system of records would be exempt from
the underlying duties to provide notification about and access to
information in the system and to make amendments and corrections to the
information in the system.
(v) From 5 U.S.C. 552a(e)(4)(I), as to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. DLA, nevertheless, will
continue to publish such a notice in broad generic terms as is its
current practice.
(e) System Identifier: S500.10 (Specific exemption).
(1) System name: Personnel Security Files.
(2) Exemption: (i) Investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for
federal civilian employment, 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.
(ii) Therefore, portions of this system may be exempt pursuant to 5
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C.
552a(c)(3), (d), and (e)(1).
(3) Authority: 5 U.S.C. 552a(k)(5).
(4) Reasons: (i) From 5 U.S.C. 552a(c)(3) and (d), when access to
accounting disclosures and access to or amendment of records would
cause the identity of a confidential source to be revealed. Disclosure
of the source's identity not only will result in the Department
breaching the promise of confidentiality made to the source but it
would impair the Department's future ability to compile investigatory
material for the purpose of determining suitability, eligibility, or
qualifications for Federal civilian employment, Federal contracts, or
access to classified
[[Page 25856]]
information. Unless sources may be assured that a promise of
confidentiality will be honored, they will be less likely to provide
information considered essential to the Department in making the
required determinations.
(ii) From 5 U.S.C. 552a(e)(1), as in the collection of information
for investigatory purposes, it is not always possible to determine the
relevance and necessity of particular information in the early stages
of the investigation. In some cases, it is only after the information
is evaluated in light of other information that its relevance and
necessity becomes clear. Such information permits more informed
decision-making by the Department when making required suitability,
eligibility, and qualification determinations.
(f) System Identifier: S500.20 (Specific exemption).
(1) System name: Defense Logistics Agency (DLA) Criminal Incident
Reporting System (DCIRS).
(2) Exemption: (i) Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). If an individual, however, 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 the information, the individual will be provided access
to the information except to the extent that disclosure would reveal
the identity of a confidential source. NOTE: When claimed, this
exemption allows limited protection of investigative reports maintained
in a system of records used in personnel or administrative actions.
(ii) The specific sections of 5 U.S.C. 552a from which the system
is to be exempted are 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H),
(I), and (f).
(3) Authority: 5 U.S.C. 552a(k)(2).
(4) Reasons: (i) From subsection (c)(3), as to grant access to an
accounting of disclosures as required by the Privacy Act, including the
date, nature, and purpose of each disclosure and the identity of the
recipient, could alert the subject to the existence of the
investigation or prosecutive interest by DLA or other agencies. This
could seriously compromise case preparation by: Prematurely revealing
its existence and nature; compromising or interfering with witnesses or
making witnesses reluctant to cooperate; and leading to suppression,
alteration, or destruction of evidence.
(ii) From 5 U.S.C. 552a(d) and (f), as providing access to this
information could result in the concealment, destruction or fabrication
of evidence and jeopardize the safety and wellbeing of informants,
witnesses and their families, and law enforcement personnel and their
families. Disclosure of this information also could reveal and render
ineffectual investigative techniques, sources, and methods used by this
component and could result in the invasion of privacy of individuals
only incidentally related to an investigation. Investigatory material
is exempt to the extent that the disclosure of such material would
reveal the identity of a source who furnished the information to the
Government under an express promise that the identity of the source
would be held in confidence, or prior to September 27, 1975, under an
implied promise that the identity of the source would be held in
confidence. This exemption will protect the identities of certain
sources that would be otherwise unwilling to provide information to the
Government. The exemption of the individual's right of access to his/
her records and the reasons therefore necessitate the exemptions of
this system of records from the requirements of the other cited
provisions.
(iii) From 5 U.S.C. 552a(e)(1), as it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
(iv) From 5 U.S.C. 552a(e)(4)(G), (H), and (I), as it will provide
protection against notification of investigatory material which might
alert a subject to the fact that an investigation of that individual is
taking place, and the disclosure of which would weaken the on-going
investigation, reveal investigatory techniques, and place in jeopardy
confidential informants who furnished information under an express
promise that the sources' identity would be held in confidence (or
prior to the effective date of the Act, under an implied promise).
(g) System Identifier: S500.30 (Specific exemption).
(1) System name: Incident Investigation/Police Inquiry Files.
(2) Exemption: (i) Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). If an individual, however, 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 the information, the individual will be provided access
to the information, except to the extent that disclosure would reveal
the identity of a confidential source. NOTE: When claimed, this
exemption allows limited protection of investigative reports maintained
in a system of records used in personnel or administrative actions.
(ii) 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.
(iii) The specific sections of 5 U.S.C. 552a from which the system
is exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), (e)(1),
(e)(4)(G), (H), and (I), and (f).
(3) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
(4) Reasons: (i) From 5 U.S.C. 552a(c)(3), because to grant access
to the accounting for each disclosure as required by the Privacy Act,
including the date, nature, and purpose of each disclosure and the
identity of the recipient, could alert the subject to the existence of
the investigation or prosecutive interest by DLA or other agencies.
This could seriously compromise case preparation by: Prematurely
revealing its existence and nature; compromising or interfering with
witnesses or making witnesses reluctant to cooperate; and leading to
suppression, alteration, or destruction of evidence.
(ii) From 5 U.S.C. 552a(d)(1) through (d)(4), and (f), as providing
access to records of a civil or administrative investigation, and the
right to contest the contents of those records and force changes to be
made to the information contained therein, would seriously interfere
with and thwart the orderly and unbiased conduct of the investigation
and impede case preparation. Providing access rights normally afforded
under the Privacy Act would: Provide the subject with valuable
information that would allow interference with or compromise of
witnesses or render witnesses reluctant to cooperate; lead to
suppression, alteration, or destruction of evidence; enable individuals
to conceal wrongdoing or mislead the course of the investigation; and
result in the secreting of or other disposition of assets that would
make them difficult or impossible to reach to satisfy any Government
claim arising from the investigation or proceeding.
[[Page 25857]]
(iii) From 5 U.S.C. 552a(e)(1), as it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
(iv) From 5 U.S.C. 552a(e)(4)(G) and (H), as this system of records
is compiled for law enforcement purposes and is exempt from the access
provisions of 5 U.S.C. 552a(d) and (f).
(v) From 5 U.S.C. 552a(e)(4)(I), because to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. DLA, nevertheless, will
continue to publish such a notice in broad generic terms as is its
current practice.
(h) System Identifier: S500.60 (Specific exemption).
(1) System name: Defense Logistics Agency Enterprise Hotline
Program Records.
(2) Exemption: (i) Investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). If an individual, however, 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 the information, the individual will be provided access
to the information, except to the extent that disclosure would reveal
the identity of a confidential source. NOTE: When claimed, this
exemption allows limited protection of investigative reports maintained
in a system of records used in personnel or administrative actions.
(ii) 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.
(iii) The specific sections of 5 U.S.C. 552a from which the system
is exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (4), (e)(1),
(e)(4)(G), (H), (I), and (f).
(3) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
(4) Reasons: (i) From subsection (c)(3), as to grant access to an
accounting of disclosures as required by the Privacy Act, including the
date, nature, and purpose of each disclosure and the identity of the
recipient, could alert the subject to the existence of the
investigation or prosecutive interest by DLA or other agencies. This
could seriously compromise case preparation by prematurely revealing
its existence and nature; compromise or interfere with witnesses or
making witnesses reluctant to cooperate; and lead to suppression,
alteration, or destruction of evidence.
(ii) From 5 U.S.C. 552a(d)(1) through (4) and (f), as providing
access to records of a civil or administrative investigation, and the
right to contest the contents of those records and force changes to be
made to the information contained therein, would interfere seriously
with and thwart the orderly and unbiased conduct of the investigation
and impede case preparation. Providing access rights normally afforded
under the Privacy Act would provide the subject with valuable
information that would allow: Interference with or compromise of
witnesses or render witnesses reluctant to cooperate; lead to
suppression, alteration, or destruction of evidence; enable individuals
to conceal wrongdoing or mislead the course of the investigation; and
result in the secreting of or other disposition of assets that would
make them difficult or impossible to reach to satisfy any Government
claim arising from the investigation or proceeding.
(iii) From 5 U.S.C. 552a(e)(1), as it is not always possible to
detect the relevance or necessity of each piece of information in the
early stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
(iv) From 5 U.S.C. 552a(e)(4)(G) and (H), as this system of records
is compiled for law enforcement purposes and is exempt from the access
provisions of 5 U.S.C. 552a(d) and (f).
(v) From 5 U.S.C. 552a(e)(4)(I), as to the extent that this
provision is construed to require more detailed disclosure than the
broad, generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. DLA will, nevertheless,
continue to publish such a notice in broad generic terms as is its
current practice.
(i) System Identifier: S510.30 (Specific/General Exemption).
(1) System name: Freedom of Information Act/Privacy Act Requests
and Administrative Appeal Records.
(2) Exemption: During the processing of a Freedom of Information
Act/Privacy Act request (which may include access requests, amendment
requests, and requests for review for initial denials of such
requests), exempt materials from other systems of records may, in turn,
become part of the case record in this system. To the extent that
copies of exempt records from those ``other'' systems of records are
entered into this system, the Defense Logistics Agency claims the same
exemptions for the records from those ``other'' systems that are
entered into this system, as claimed for the original primary system of
which they are a part.
(3) Authority: 5 U.S.C. 552a(j)(2), (k)(1) through (7).
(4) Reasons: Records are only exempt from pertinent provisions of 5
U.S.C. 552a to the extent such provisions have been identified and an
exemption claimed for the original record and the purposes underlying
the exemption for the original record still pertain to the record which
is now contained in this system of records. In general, the exemptions
were claimed in order to protect properly classified information
relating to national defense and foreign policy; to avoid interference
during the conduct of criminal, civil, or administrative actions or
investigations; to ensure protective services provided the President
and others are not compromised; to protect the identity of confidential
sources incident to Federal employment, military service, contract, and
security clearance determinations; to preserve the confidentiality and
integrity of Federal testing materials; and to safeguard evaluation
materials used for military promotions when furnished by a confidential
source. The exemption rule for the original records will identify the
specific reasons why the records are exempt from specific provisions of
5 U.S.C. 552a.
Dated: April 24, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-10523 Filed 5-2-13; 8:45 am]
BILLING CODE 5001-06-P