Air Force Privacy Act Program

Federal RegisterJul 28, 1994

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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Reg.12-35]

Air Force Privacy Act Program

AGENCY: Department of the Air Force, DOD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force proposes to revise its Privacy

Act Regulation. The revision adds a requirement for appointing Privacy

Act (PA) monitors at HQ USAF and Secretary of the Air Force (SAF)

offices; adds alternative of using the unsworn declaration; changes the

fee rates; changes policy on releasing medical records to a subject

when there is a possible harm; changes refusal to amend based on

opinion or interpretation to a denial with appeal rights; changes list

of information releasable without consent; provides a new balancing

test; aligns language on medical records of minors with DoD guidance;

adds computer matching provisions; adds systems; and deletes provision

for landfill burials.

In addition to the above changes, the Department of the Air Force

is currently conducting a review of its exemption rules. Upon

completion of the review, the Department of the Air Force will update

its exemption rules.

DATES: Comments must be received on or before September 26, 1994, to be

considered by this agency.

ADDRESSES: Send comments to the Assistant Air Force Access Programs

Officer, SAF/AAIA, 1610 Air Force Pentagon, Washington, DC 20330-1610.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Turner at (703) 697-3491 or

DSN 227-3491.

SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director,

Administration and Management, Office of the Secretary of Defense has

determined that this Privacy Act rule for the Department of Defense

does not constitute `significant regulatory action'. Analysis of the

rule indicates that it does not have an annual effect on the economy of

$100 million or more; does not create a serious inconsistency or

otherwise interfere with an action taken or planned by another agency;

does not materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof; does not raise novel legal or policy issues arising out of

legal mandates, the President's priorities, or the principles set forth

in Executive Order 12866 (1993).

Regulatory Flexibility Act of 1980. The Director, Administration and

Management, Office of the Secretary of Defense certifies that this

Privacy Act rule for the Department of Defense does not have

significant economic impact on a substantial number of small entities

because it is concerned only with the administration of Privacy Act

systems of records within the Department of Defense.

Paperwork Reduction Act. The Director, Administration and Management,

Office of the Secretary of Defense certifies that this Privacy Act rule

for the Department of Defense imposes no information requirements

beyond the Department of Defense and that the information collected

within the Department of Defense is necessary and consistent with 5

U.S.C. 552a, known as the Privacy Act of 1974.

List of subjects in 32 CFR part 806b

Privacy.

Accordingly, 32 CFR part 806b is proposed to be revised to read:

PART 806B-AIR FORCE PRIVACY ACT PROGRAM

Subpart A-Overview of the Privacy Act Program

806b.1Basic guidelines.

806b.2Violation penalties.

806b.3Personal notes.

806b.4Responsibilities.

Subpart B-Obtaining Law Enforcement Records and Promises of

Confidentiality

806b.5Obtaining law enforcement records.

806b.6Promising confidentiality.

Subpart C-Collecting Personal Information

806b.7How to collect personal information.

806b.8When to give Privacy Act statements (PAS).

806b.9Requesting the social security number (SSN).

Subpart D-Giving Access to Privacy Act Records

806b.10Making a request for access.

806b.11Processing a request for access.

806b.12Fees.

806b.13Denying or limiting access.

806b.14Denial authorities.

Subpart E-Amending the Record

806b.15Amendment reasons.

806b.16Responding to amendment requests.

806b.17Approving or denying a record amendment.

806b.18Seeking review of unfavorable agency determinations.

806b.19Appeal procedures.

806b.20Contents of Privacy Act case files.

Subpart F-Privacy Act Notifications

806b.21When to include a privacy act warning statement in

publications.

806b.22Publishing system notices.

806b.23Timing of notices.

Subpart G-Protecting and Disposing of Records

806b.24Protecting records.

806b.25Balancing protection.

806b.26Disposing of records.

Subpart H-Privacy Act Exemptions

806b.27Requesting an exemption.

806b.28Exemption types.

806b.29Authorizing exemptions.

806b.30Approved exemptions.

Subpart I-Disclosing Records to Third Parties

806b.31Disclosure considerations.

806b.32Disclosing information for which consent is not required.

806b.33Disclosing other information.

806b.34Agencies or individuals to whom the Air Force may release

privacy information.

806b.35Disclosing the medical records of minors.

806b.36Disclosure accounting.

806b.37Computer matching.

Subpart J-Training

806b.38Who needs training.

806b.39Training tools.

Subpart K-Privacy Act Reporting

806b.40Privacy Act report (RCS: DD-DA&M(A)1379).

Appendix A to part 806b - Glossary of References, Abbreviations,

Acronyms, and Terms

Appendix B to part 806b - Preparing a System Notice

Appendix C to part 806b - General and Specific Exemptions

Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

Subpart A - Overview of the Privacy Act Program

Sec. 806b.1 Basic guidelines.

The Privacy Act of 1974 and this part apply only to information in

Air Force systems of records on living United States citizens and

permanent resident aliens.

(a) An official system of records must be:

(1) Authorized by law or Executive Order.

(2) Controlled by an Air Force or lower level directive.

(3) Needed to carry out an Air Force mission or function.

(b) The Air Force does not:

(1) Keep records on how a person exercises First Amendment rights.

EXCEPTIONS are when: The Air Force has the permission of that

individual or is authorized by federal statute; or the information

pertains to an authorized law enforcement activity.

(2) Penalize or harass an individual for exercising rights

guaranteed under the Privacy Act. Give reasonable aid to individuals

exercising their rights.

(1) Keep paper and electronic records containing personal

information and retrieved by name or personal identifier only in

approved systems published in the Federal Register.

(2) Collect, maintain, and use information in such systems only to

support programs authorized by law or Executive Order.

(3) Safeguard the records in the system and keep them the minimum

time required.

(4) Keep the records timely, accurate, complete, and relevant.

(5) Amend and correct records on request.

(6) Let individuals review and receive copies of their own records

unless the Secretary of the Air Force approved an exemption for the

system or the Air Force created the records in anticipation of a civil

action or proceeding.

(7) Provide a review of decisions that deny individuals access to

or amendment of their records.

Sec. 806b.2 Violation penalties.

An individual may file a civil suit against the Air Force for

failing to comply with the Privacy Act. The courts may find an

individual offender guilty of a misdemeanor and fine that individual

offender not more than $5,000 for:

(a) Willfully maintaining a system of records that doesn't meet the

public notice requirements.

(b) Disclosing information from a system of records to someone not

entitled to the information.

Sec. 806b.3 Personal notes.

If you keep personal notes on individuals to use as memory aids to

supervise or perform other official functions, and do not share them

with others, and an Air Force directive does not require their

maintenance, the Privacy Act does not apply.

Sec. 806b.4 Responsibilities:

(a) The Administrative Assistant to the Secretary of the Air Force

(SAF/AA) manages the entire program.

(b) The Office of the General Counsel to the Secretary of the Air

Force (SAF/GCA) makes final decisions on appeals.

Access Programs Office of the Policy Division, (SAF/AAIA):

(1) Administers procedures outlined in this part.

(2) Submits system notices and required reports to the Defense

Privacy Office.

(3) Guides major commands (MAJCOM) and field operating agencies

(FOA).

(d) MAJCOM and FOA commanders, HQ USAF and Deputy Chiefs of Staff

(DCS), and comparable officials, and SAF offices implement this part.

Each HQ USAF and SAF office appoints a Privacy Act monitor. Send the

name, office symbol, and phone number to SAF/AAIA.

(e) MAJCOM and FOA Information Managers:

(1) Manage the program.

(2) Appoint a command Privacy Act officer.

(3) Send the name, office symbol, and phone number to SAF/AAIA.

(f) Privacy Act Officers:

(1) Guide and train.

(2) Review the program at regular intervals.

(3) Submit reports.

(4) Review all publications and forms for compliance with this

part.

(5) Review system notices.

(6) Investigate complaints.

(7) Staff denial recommendations (at MAJCOMs and FOAs only).

(g) System Managers:

(1) Decide the need for, and content of systems.

(2) Manage and safeguard the system.

(3) Train personnel on Privacy Act requirements.

(4) Protect records from unauthorized disclosure, alteration, or

destruction.

(5) Prepare system notices and reports.

(6) Answer Privacy Act requests.

(7) Keep records of disclosures.

(8) Evaluate the systems annually.

(h) Privacy Act Monitors (PAM):

(1) Are the focal point in their functional area for general

Privacy Act questions and correspondence.

(2) Maintain a list of all systems of records and system managers

in their area.

(3) Act as liaison with the Privacy Act Officer.

(4) Maintain statistics for the annual Privacy Act report.

Subpart B - Obtaining Law Enforcement Records and Promises of

Confidentiality

Sec. 806b.5 Obtaining law enforcement records.

The Commander AFOSI; the Chief, Air Force Security Police Agency

(AFSPA); MAJCOM, FOA, and base chiefs of security police; AFOSI

detachment commanders; and designees of those offices may ask another

agency for records for law enforcement under 5 U.S.C. 552a(b)(7). The

requesting office must indicate in writing the specific part of the

record desired and identify the law enforcement activity asking for the

record.

Sec. 806b.6 Promising confidentiality.

Record promises of confidentiality to exempt from disclosure any

`confidential' information under subsections (k)(2), (k)(5), or (k)(7)

of the Privacy Act.

Subpart C - Collecting Personal Information

Sec. 806b.7 How to collect personal information.

Collect personal information directly from the subject of the

record when possible. You may ask third parties when:

(a) You must verify information.

(b) You want opinions or evaluations.

(d) The subject asks you.

Sec. 806b.8 When to give Privacy Act statements (PAS).

(a) Give a PAS orally or in writing:

(1) To anyone from whom you are collecting personal information

that will be put in a system of records.

(2) Whenever you ask someone for his or her Social Security Number

(SSN). NOTE: Do this regardless of how you collect or record the

answers. You may display a sign in areas where people routinely furnish

this kind of information. Give a copy of the PAS if asked. Do not ask

the person to sign the PAS.

(3) A PAS must include four items:

(i) Authority: The legal authority, that is, the United States Code

or Executive Order authorizing the program the system supports.

(ii) Purpose: The reason you are collecting the information.

(iii) Routine Uses: A list of where and why the information will be

disclosed outside DoD.

(iv) Disclosure: Voluntary or Mandatory. (Use Mandatory only when

disclosure is required by law and the individual will be penalized for

not providing information.) Include any consequences of nondisclosure

in nonthreatening language.

Sec. 806b.9 Requesting the social security number (SSN).

(a) Do not deny people a legal right, benefit, or privilege for

refusing to give their SSNs unless the law requires disclosure, or a

law or regulation adopted before January 1, 1975, required the SSN and

the Air Force uses it to verify a person's identity in a system of

records established before that date. When you ask for an SSN to create

a record, tell the individual:

(1) The statute, regulation, or rule authorizing you to ask for the

SSN.

(2) The uses that will be made of the SSN.

(3) If he or she is legally obligated to provide the SSN.

(b) The Air Force requests an individual's SSN and provides the

individual information required by law when anyone enters military

service or becomes an Air Force civilian employee. The Air Force uses

the SSN as a service or employment number to reference the individual's

official records. When you ask someone for an SSN as identification

(ID) to retrieve an existing record, you do not have to restate this

information.

SSN as a personal identifier. This order is not adequate authority to

collect an SSN to create a record. When law does not require disclosing

the SSN or when the system of records was created after January 1,

1975, you may ask for the SSN, but the individual does not have to

disclose it. If the individual refuses to respond, use alternative

means of identifying records.

(d) SSNs are personal and unique to each individual. Protect them

as FOR OFFICIAL USE ONLY (FOUO). Do not disclose them to anyone without

an official need to know.

Subpart D - Giving Access to Privacy Act Records

Sec. 806b.10 Making a request for access.

Persons or their designated representatives may ask for a copy of

their records in a system of records. Requesters need not state why

they want access to their records. Verify the identity of the requester

to avoid unauthorized disclosures. How you verify identity will depend

on the sensitivity of the requested records. Persons without access to

notary services may use an unsworn declaration in the following format:

`I declare under penalty of perjury (if outside the United States, add

`under the laws of the United States of America') that the foregoing is

true and correct. Executed on (date). (Signature).'

Sec. 806b.11 Processing a request for access.

Consider a request from an individual for his or her own records in

a system of records under both the Freedom of Information Act (FOIA)

and the Privacy Act regardless of the Act cited. The requester need not

cite any Act. Process the request under whichever Act gives the most

information. When necessary, tell the requester under which Act you

processed the request and why.

(a) Requesters should describe the records they want. They do not

have to name a system of records number, but they should at least name

a type of record or functional area. For requests that ask for `all

records about me,' ask for more information and tell the person how to

review the Air Force systems of records published in the Federal

(formerly AFR 4-36).

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\1\Copies may be obtained at cost from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

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(b) Requesters should not use government equipment, supplies,

stationery, postage, telephones, or official mail channels for making

Privacy Act requests. Privacy Act Officers and system managers process

such requests but tell requesters that using government resources to

make Privacy Act requests is not authorized.

record. If possible, respond to requests within 10 workdays of

receiving them. If you cannot answer the request in 10 workdays, send a

letter explaining why and give an approximate completion date no more

than 20 workdays after the first office received the request.

(d) Show or give a copy of the record to the requester within 30

workdays of receiving the request unless the system is exempt and the

Air Force lists the exemption in appendix C of this part; or published

as a final rule in the Federal Register. Give information in a form the

requester can understand.

(e) If the requester wants another person present during the record

review, the system manager may ask for written consent to authorize

discussing the record with another person present.

Sec. 806b.12 Fees.

Give the first 100 pages free, and charge only reproduction costs

for the remainder. Copies cost $.15 per page; microfiche costs $.25 per

fiche. Charge the fee for the first 100 pages if records show that the

Air Force already responded to a request for the same records at no

charge. Do not charge fees:

(a) When the requester can get the record without charge under

another publication (for example, medical records).

(b) For search.

Force.

(d) For reproducing a record so the requester can review it.

Sec. 806b.13 Denying or limiting access.

Process access denials within five workdays after you receive a

request for access. When you may not release a record, send a copy of

the request, the record, and why you recommend denying access

(including the applicable exemption) to the denial authority through

the Staff Judge Advocate (SJA) and the Privacy Act officer. The SJA

gives a written legal opinion on the denial. The MAJCOM or FOA Privacy

Act officer reviews the file, gets written advice from the SJA and the

functional office of primary responsibility (OPR), and makes a

recommendation to the denial authority. The denial authority sends the

requester a letter with the decision. If the denial authority grants

access, release the record. If the denial authority refuses access,

tell the requester why and explain pertinent appeal rights.

(a) Before you deny a request for access to a record, make sure

that:

(1) The system has an SAF approved exemption.

(2) The exemption covers each document.

(3) Nonexempt parts are segregated.

(b) You may refuse to give out medical records if a physician

believes that doing so could harm the person's mental or physical

health. You have these options:

(1) Ask the requester to get a letter from a physician to whom you

can send the records. Include a letter explaining to the physician that

giving the records directly to the individual could be harmful.

(2) Offer the services of a military physician other than one who

provided treatment if naming the physician poses a hardship on the

individual.

subject requests access, except as noted in Sec. 806b.13(d), unless the

Air Force covers the record with an established exemption (appendix C

of this part). Presume that all information in a file pertains to the

subject of the file.

(d) Do not release third-party personal data (such as SSN and home

address). This action is not a denial.

(e) Withhold records compiled in connection with a civil action or

other proceeding including any action where the Air Force expects

judicial or administrative adjudicatory proceedings. This exemption

does not cover criminal actions. Do not release attorney work products

prepared before, during, or after the action or proceeding.

Sec. 806b.14 Denial authorities.

These officials or a designee may deny access or amendment of

records. Send a letter to SAF/AAIA with the position titles of

designees. You must get SAF/AA approval before delegating this

authority to a lower level. Send requests for waiver with justification

to SAF/AAIA. Authorities are:

(a) DCSs and chiefs of comparable offices or higher level at SAF or

HQ USAF.

(b) MAJCOM or FOA commanders.

personnel records).

(d) Commander, Air Force Office of Special Investigations (AFOSI),

Washington, DC 20332-6001 (for AFOSI records).

Subpart E - Amending the Record

Sec. 806b.15 Amendment reasons.

Individuals may ask to have their records amended to make them

accurate, timely, relevant, or complete. System managers routinely

correct a record if the requester can show that it is factually wrong.

Sec. 806b.16 Responding to amendment requests:

(a) Anyone may request minor corrections orally. Requests for more

serious modifications should be in writing.

(b) After verifying the identity of the requester, make the change,

notify all known recipients of the record, and inform the individual.

expected completion date unless you complete the change within that

time. Final decisions must take no longer than 30 workdays.

Sec. 806b.17 Approving or denying a record amendment.

The Air Force does not usually amend a record when the change is

based on opinion, interpretation, or subjective official judgment. This

action constitutes a denial, and requesters may appeal. If the system

manager decides not to amend or partially amend the record, send a copy

of the request, the record, and the recommended denial reasons to the

denial authority through the SJA and the Privacy Act officer. SJAs will

include a legal opinion.

(a) The MAJCOM or FOA Privacy Act officer reviews the proposed

denial, gets a legal opinion from the SJA and written advice from the

functional OPR, and makes a recommendation to the denial authority.

(b) The denial authority sends the requester a letter with the

decision. If the denial authority approves the request, amend the

record and notify all previous recipients that it has been changed. If

the authority denies the request, give the requester the statutory

authority, reason, and pertinent appeal rights.

Sec. 806b.18 Seeking review of unfavorable agency determinations.

Requesters should pursue record corrections of subjective matters

and opinions through proper channels to the Civilian Personnel Office

using grievance procedures or the Air Force Board for Correction of

Military Records (AFBCMR). Record correction requests denied by the

AFBCMR are not subject to further consideration under this part.

Sec. 806b.19 Appeal procedures.

(a) Individuals may request a denial review by writing to the

Secretary of the Air Force through the denial authority within 60

calendar days after receiving a denial letter. The denial authority

promptly sends a complete appeal package to SAF/AAIA, including:

(1) Original appeal letter.

(2) Initial request.

(3) Initial denial.

(4) Copy of the record.

(5) Any internal records or coordination actions relating to the

denial.

(6) Denial authority's comments on the appellant's arguments.

(7) Legal reviews.

(b) If the denial authority reverses an earlier denial and grants

access or amendment, notify the requester immediately.

review or staffing to grant or deny the appeal. SAF/GCA tells the

requester the final Air Force decision and explains judicial review

rights.

(d) The requester may file a concise statement of disagreement with

the system manager if SAF/GCA denies the request to amend the record.

SAF/GCA explains the requester's rights when they issue the final

appeal decision.

(1) The records should clearly show that a statement of

disagreement is filed with the record or separately.

(2) The disputed part of the record must show that the requester

filed a statement of disagreement.

(3) Give copies of the statement of disagreement to the record's

previous recipients. Inform subsequent record users about the dispute

and give them a copy of the statement with the record.

(4) The system manager may include a brief summary of the reasons

for not amending the record. Limit the summary to the reasons SAF/GCA

gave to the individual. The summary is part of the individual's record,

but it is not subject to amendment procedures.

Sec. 806b.20 Contents of Privacy Act case files.

Do not keep copies of disputed records in this file. Use the file

solely for statistics and to process requests. Do not use the case

files to make any kind of determination about an individual. Document

reasons for untimely responses. These files include:

(a) Requests from and replies to individuals on whether a system

has records about them.

(b) Requests for access or amendment.

(d) Coordination actions and related papers.

Subpart F - Privacy Act Notifications

Sec. 806b.21 When to include a Privacy Act warning statement in

publications.

Include a Privacy Act Warning Statement in each Air Force

publication that requires collecting or keeping personal information in

a system of records. Also include the warning statement when

publications direct collection of the SSN from the individual. The

warning statement will cite legal authority and the system of records

number and title. You can use the following warning statement: `This

part requires collecting and maintaining information protected by the

Privacy Act of 1974 authorized by (U.S.C. citation and or Executive

Order number). System of records notice (number and title) applies.'

Sec. 806b.22 Publishing system notices.

The Air Force must publish notices in the Federal Register of new,

amended, and deleted systems to inform the public of what records the

Air Force keeps and give them an opportunity to comment. The Privacy

Act also requires submission of new or significantly altered systems to

the Office of Management and Budget (OMB) and both houses of the

Congress before publication in the Federal Register. This includes:

(a) Starting a new system.

(b) Instituting significant changes to an existing system.

(d) Issuing a request for proposal or invitation for bid to support

a new system.

Sec. 806b.23 Timing of notices.

At least 120 days before the effective start date, system managers

must send the system notice to SAF/AAIA on a 5 1/4 or 3 1/2-inch disk

in Wordstar (ASCII text file) or Microsoft Word, with a paper copy

highlighting any changes through the MAJCOM or FOA Privacy Act Officer.

See appendix B of this part for a sample system notice.

Subpart G - Protecting and Disposing of Records

Sec. 806b.24 Protecting records.

Protect information according to its sensitivity level. Consider

the personal sensitivity of the information and the risk of loss or

alteration. Most information in systems of records is FOR OFFICIAL USE

ONLY (FOUO). Refer to AFI 37-131\2\, `Air Force Freedom of Information

Act Program,' for protection methods.

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\2\See footnote 1 to section 806b.11, of this part.

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Sec. 806b.25 Balancing protection.

Balance additional protection against risk and cost. AF Form 3227,

`Privacy Act Cover Sheet', is available for use with Privacy Act

material. For example, a password may be enough protection for an

automated system with a log-on protocol. Classified computer systems or

those with established audit and password systems are obviously less

vulnerable than unprotected files or word processors in offices that

are periodically empty. Follow AFI 33-202\3\, `The Air Force Computer

Security Program,' for procedures on safeguarding personal information

in automated records.

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\3\See footnote 1 to section 806b.11, of this part.

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Sec. 806b.26 Disposing of records.

You may use the following methods to dispose of records protected

by the Privacy Act according to records retention schedules:

(a) Destroy by any method that prevents compromise, such as

tearing, burning, or shredding, so long as the personal data is not

recognizable and beyond reconstruction.

(b) Degauss or overwrite magnetic tapes or other magnetic medium.

Marketing Office (DRMO) or through activities who manage a base-wide

recycling program. The recycling sales contract must contain a clause

requiring the contractor to safeguard privacy material until its

destruction and to pulp, macerate, shred, or otherwise completely

destroy the records. Originators must safeguard Privacy Act material

until it is transferred to the recycling contractor. A federal employee

or, if authorized, a contractor employee must witness the destruction.

This transfer does not require a disclosure accounting.

Subpart H - Privacy Act Exemptions

Sec. 806b.27 Requesting an exemption.

A system manager who believes that a system needs an exemption from

some or all of the requirements of the Privacy Act should send a

request to SAF/AAIA through the MAJCOM or FOA Privacy Act Officer. The

request should detail the reasons for the exemption and the section of

the Act that allows the exemption. SAF/AAIA gets approval for the

request through SAF/AA and the Defense Privacy Office.

Sec. 806b.28 Exemption types.

(a) A general exemption frees a system from most parts of the

Privacy Act.

(b) A specific exemption frees a system from only a few parts of

the Privacy Act.

Sec. 806b.29 Authorizing exemptions.

Only SAF/AA can exempt systems of records from any part of the

Privacy Act. Denial authorities can withhold records using these

exemptions only if SAF/AA previously approved and published an

exemption for the system in the Federal Register. Appendix C of this

part lists the systems of records that have approved exemptions.

Sec. 806b.30 Approved exemptions.

Approved exemptions exist under 5 U.S.C. 552a for:

(a) Certain systems of records used by activities whose principal

function is criminal law enforcement (subsection (j)(2)).

(b) Classified information in any system of records (subsection

(k)(1)).

(j)(2)). The Air Force must allow an individual access to any record

that is used to deny rights, privileges or benefits to which he or she

would otherwise be entitled by federal law or for which he or she would

otherwise be eligible as a result of the maintenance of the information

(unless doing so would reveal a confidential source) (subsection

(k)(2)).

(d) Statistical records required by law. Data is for statistical

use only and may not be used to decide individuals' rights, benefits,

or entitlements (subsection (k)(4)).

(e) Data to determine suitability, eligibility, or qualifications

for federal service or contracts, or access to classified information

if access would reveal a confidential source (subsection (k)(5)).

(f) Qualification tests for appointment or promotion in the federal

service if access to this information would compromise the objectivity

of the tests (subsection (k)(6)).

(g) Information which the Armed Forces uses to evaluate potential

for promotion if access to this information would reveal a confidential

source (subsection (k)(7)).

Subpart I - Disclosing Records to Third Parties

Sec. 806b.31 Disclosure considerations.

Before releasing personal information to third parties, consider

the consequences, check accuracy, and make sure that no law or

directive bans disclosure. You can release personal information to

third parties when the subject agrees orally or in writing. Air Force

members consent to releasing their home telephone number and address

when they sign and check the `Do Consent' block on the AF Form 624,

`Base/Unit Locator and PSC Directory' (see AFI 37-129\4\, `Base and

Unit Personnel Locators and Postal Directories').

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\4\See footnote 1 to section 806b.11, of this part.

(a) Before including personal information such as home addresses,

home phones, and similar information on social rosters or directories,

ask for written consent statements. Otherwise, do not include the

information.

(b) You must get written consent before releasing any of these

items of information:

(1) Marital status.

(2) Number and sex of dependents.

(3) Gross salary of military personnel (see Sec. 806b.32 for

releasable pay information).

(4) Civilian educational degrees and major areas of study.

(5) School and year of graduation.

(6) Home of record.

(7) Home address and phone.

(8) Age and date of birth.

(9) Present or future assignments for overseas or for routinely

deployable or sensitive units.

(10) Office and unit address and duty phone for overseas or for

routinely deployable or sensitive units.

Sec. 806b.32 Disclosing information for which consent is not required.

You don't need consent before releasing any of these items:

(a) Information releasable under the FOIA.

(b) Information for use within the Department of Defense by

officials or employees with a need to know.

(d) Rank.

(e) Grade.

(f) Air Force specialty code (AFSC).

(g) Pay (including base pay, special pay, all allowances except

Basic Allowance for Quarters (BAQ) and Variable Housing Allowance

(VHA)).

(h) Gross salary for civilians.

(i) Past duty assignments.

(j) Present and future approved and announced stateside

assignments.

(k) Position title.

(l) Office, unit address, and duty phone number.

(m) Date of rank.

(n) Entered on active duty (EAD) date.

(o) Pay date.

(p) Source of commission.

(q) Professional military education.

(r) Promotion sequence number.

(s) Military awards and decorations.

(t) Duty status of active, retired, or reserve.

(u) Active duty official attendance at technical, scientific, or

professional meetings.

(v) Biographies and photos of key personnel.

Sec. 806b.33 Disclosing other information.

Use these guidelines to decide whether to release information:

(a) Would the subject have a reasonable expectation of privacy in

the information requested?

(b) Would disclosing the information benefit the general public?

The Air Force considers information as meeting the public interest

standard if it reveals anything regarding the operations or activities

of the agency, or performance of its statutory duties.

loss of privacy. Do not consider the requester's purpose,

circumstances, or proposed use.

Sec. 806b.34 Agencies or individuals to whom the Air Force may release

privacy information.

The Air Force may release information without consent to these

individuals or agencies:

(a) Agencies outside the Department of Defense for a Routine Use

published in the Federal Register. The purpose of the disclosure must

be compatible with the purpose in the Routine Use. When initially

collecting the information from the subject, the Routine Uses block in

the Privacy Act Statement must name the agencies and reason.

(b) The Bureau of the Census to plan or carry out a census or

survey under 13 U.S.C. 8.

recipient must give advanced written assurance that the information is

for statistical purposes only.

NOTE: No one may use any part of the record to decide on

individuals' rights, benefits, or entitlements. You must release

records in a format that makes it impossible to identify the real

subjects.

(d) The Archivist of the United States and the National Archives

and Records Administration (NARA) to evaluate records for permanent

retention. Records stored in Federal Records Centers remain under Air

Force control.

(e) A federal, state, or local agency (other than the Department of

Defense) for civil or criminal law enforcement. The head of the agency

or a designee must send a written request to the system manager

specifying the record or part needed and the law enforcement purpose.

The system manager may also disclose a record to a law enforcement

agency if the agency suspects a criminal violation. This disclosure is

a Routine Use for all Air Force systems of records and is published in

the Federal Register.

(f) An individual or agency that needs the information for

compelling health or safety reasons. The affected individual need not

be the record subject.

(g) The Congress, a congressional committee, or a subcommittee, for

matters within their jurisdictions.

(h) A congressional office acting for the record subject. A

published, blanket Routine Use permits this disclosure. If the material

for release is sensitive, get a release statement.

(i) The Comptroller General or an authorized representative of the

General Accounting Office on business.

(j) A court order of a court of competent jurisdiction, signed by a

judge.

(k) A consumer credit agency according to the Debt Collections Act

when a published system notice lists this disclosure as a Routine Use.

(l) A contractor operating a system of records under an Air Force

contract. Records maintained by the contractor for the management of

contractor employees are not subject to the Privacy Act.

Sec. 806b.35 Disclosing the medical records of minors.

Air Force personnel may disclose the medical records of minors to

their parents or legal guardians. The laws of each state define the age

of majority.

(a) The Air Force must obey state laws protecting medical records

of drug or alcohol abuse treatment, abortion, and birth control. If you

manage medical records, learn the local laws and coordinate proposed

local policies with the servicing SJA.

(b) Outside the United States (overseas), the age of majority is

18. Unless parents or guardians have a court order granting access or

the minor's written consent, they will not have access to minor's

medical records overseas when the minor sought or consented to

treatment between the ages of 15 and 17 in a program where regulation

or statute provides confidentiality of records and he or she asked for

confidentiality.

Sec. 806b.36 Disclosure accountings.

System managers must keep an accurate record of all disclosures

made from any system of records except disclosures to DoD personnel for

official use or disclosures under the FOIA. System managers may use AF

Form 771, `Accounting of Disclosures'.

(a) System managers may file the accounting record any way they

want as long as they give it to the subject on request, send corrected

or disputed information to previous record recipients, explain any

disclosures, and provide an audit trail for reviews. Include in each

accounting:

(1) Release date.

(2) Description of information.

(3) Reason for release.

(4) Name and address of recipient.

(b) Some exempt systems let you withhold the accounting record from

the subject.

law enforcement purposes at the law enforcement agency's request.

Sec. 806b.37 Computer matching.

Computer matching programs electronically compare records from two

or more automated systems which may include the Department of Defense,

another federal agency, or a state or other local government. A system

manager proposing a match that could result in an adverse action

against a federal employee must meet these requirements of the Privacy

Act:

(a) Prepare a written agreement between participants.

(1) Secure approval of the Defense Data Integrity Board.

(2) Publish a matching notice in the Federal Register before

matching begins.

(3) Ensure full investigation and due process.

(4) Act on the information, as necessary.

(b) The Privacy Act applies to matching programs that use records

from:

(1) Federal personnel or payroll systems.

(2) Federal benefit programs where matching:

(i) Determines federal benefit eligibility,

(ii) Checks on compliance with benefit program requirements,

(iii) Recovers improper payments or delinquent debts from current

or former beneficiaries.

tax administration, routine administration, background checks and

foreign counterintelligence, and internal matching that won't cause any

adverse action are exempt from Privacy Act matching requirements.

(d) Any activity that expects to participate in a matching program

must contact SAF/AAIA immediately. System managers must prepare a

notice for publication in the Federal Register with a Routine Use that

allows disclosing the information for use in a matching program. Send

the proposed system notice to SAF/AAIA. Allow 180 days for processing

requests for a new matching program.

(e) Record subjects must receive prior notice of a match. The best

way to do this is to include notice in the Privacy Act Statement on

forms used in applying for benefits. Coordinate computer matching

statements on forms with SAF/AAIA through the MAJCOM Privacy Act

Officer.

Subpart J - Training

Sec. 806b.38 Who needs training.

The Privacy Act requires training for all persons involved in the

design, development, operation and maintenance of any system of

records. Some persons may need more specialized training. They include

information managers, supervisors, and individuals working with

medical, financial, security, and personnel records.

Sec. 806b.39 Training tools.

Helpful aids include:

(a) AFH 37-146\5\, `Privacy Act Training', a self-paced course.

---------------------------------------------------------------------------

\5\See footnote 1 to section 806b.11, of this part.

---------------------------------------------------------------------------

(b) `The Privacy Act of 1974,' a 32-minute film developed by the

Defense Privacy Office. Consult your local audiovisual library.

Act'. Contact SAF/AAIA for copies. NOTE: Formal school training groups

that develop or modify blocks of instruction must send the material to

SAF/AAIA for coordination.

Subpart K - Privacy Act Reporting

Sec. 806b.40 Privacy Act report (RCS: DD-DA&M(A)1379).

By March 1, of each year, MAJCOM and FOA Privacy Act officers must

send SAF/AAIA a report covering the previous calendar year. The report

includes:

(a) Total number of requests granted in whole.

(b) Total number of requests granted in part.

used.

(d) Total number of requests for which no record was found.

(e) Total number of amendment requests granted in whole.

(f) Total number of amendment requests granted in part.

(g) Total number of amendment requests wholly denied.

(h) Specific recommendations for changes to the Act or the Privacy

Act Program.

Appendix A to Part 806b - Glossary of References, Abbreviations,

Acronyms, and Terms

a. Privacy Act of 1974, as amended, Pub. L. 93-579, 88 Stat 1896 (5

U.S.C. 552a).

b. 10 U.S.C 8013, `Secretary of the Air Force: Powers and Duties.'

c. Executive Order 9397, `Numbering System for Federal Accounts

Relating to Individual Persons.'

d. 32 CFR part 806b, `Air Force Privacy Act Program.'

e. DoD Directive 5400.11\1\, `Department of Defense Privacy

Program.'

---------------------------------------------------------------------------

\1\Copies may be obtained at cost from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

---------------------------------------------------------------------------

f. DoD 5400.11-R\2\, `Department of Defense Privacy Program.'

---------------------------------------------------------------------------

\2\See footnote 1 to section B, appendix A to part 806b.

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g. AFI 33-202\3\, `The Air Force Computer Security Program'

(formerly AFR 205-16).

---------------------------------------------------------------------------

\3\See footnote 1 to section B, appendix A to part 806b.

---------------------------------------------------------------------------

h. AFPD 37-1\4\, `Air Force Information Management.'

---------------------------------------------------------------------------

\4\See footnote 1 to section B, appendix A to part 806b.

---------------------------------------------------------------------------

i. AFI 37-131\5\, `Air Force Freedom of Information Act Program'

(formerly AFR 4-33).

---------------------------------------------------------------------------

\5\See footnote 1 to section B, appendix A to part 806b.

---------------------------------------------------------------------------

j. AFI 37-129\6\, `Base and Unit Personnel Locators and Postal

Directories' (formerly AFR 11-24).

---------------------------------------------------------------------------

\6\See footnote 1 to section B, appendix A to part 806b.

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k. AFMAN 37-139\7\, `Disposition of Records' (formerly AFR 4-20,

volume 2).

---------------------------------------------------------------------------

\7\See footnote 1 to section B, appendix A to part 806b.

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l. AFDIR 37-144\8\, `Air Force Privacy Act Systems of Records

Notices.'

---------------------------------------------------------------------------

\8\See footnote 1 to section B, appendix A to part 806b.

---------------------------------------------------------------------------

m. AFH 37-146\9\, `Privacy Act Training.'

---------------------------------------------------------------------------

\9\See footnote 1 to section B, appendix A to part 806b.

a. AETC - Air Education and Training Command

b. AFA - Air Force Academy

c. AFBCMR - Air Force Board for Correction of Military Records

d. AFISA - Air Force Intelligence Services Agency

e. AFMC - Air Force Materiel Command

f. AFOSI - Air Force Office of Special Investigations

g. AFSC - Air Force Specialty Code

h. AFSCO - Air Force Security Clearance Office

i. AFSPA - Air Force Security Police Agency

j. ASCII - American Standard Code for Information Interchange

k. BAQ - Basic Allowance for Quarters

l. CFR - Code of Federal Regulations

m. DCS - Deputy Chief of Staff

n. DoD - Department of Defense

o. DR&MO - Defense Reutilization and Marketing Office

p. EAD - Entered on Active Duty

q. FOA - Field Operating Agency

r. FOIA - Freedom of Information Act

s. FOUO - For Official Use Only

t. IG - Inspector General

u. IMC - Interim Message Change

v. LE - Logistics and Engineering

w. MAJCOM - Major Command

x. MIRS - Management Information and Research System

y. MP - Military Personnel

z. MPC - Military Personnel Center

aa. NARA - National Archives and Records Administration

bb. OMB - Office of Management and Budget

cc. OPR - Office of Primary Responsibility

dd. PA - Privacy Act

ee. PAM - Privacy Act Monitor

ff. PAS - Privacy Act Statement

gg. RCS - Reports Control Symbol

hh. SAF - Secretary of the Air Force

ii. SAF/AA - The Administrative Assistant to the Secretary of the

Air Force

jj. SAF/AAIA - Policy Division, Directorate of Information

Management

kk. SAF/GCA - Assistant General Counsel for Civilian Personnel and

Fiscal Law

ll. SG - Surgeon General

mm. SJA - Staff Judge Advocate

nn. SP - Security Police

oo. SSN - Social Security Number

pp. US - United States

qq. USAF - United States Air Force

rr. U.S.C. - United States Code

ss. VHA - Variable Housing Allowance

a. Access. Allowing individuals to review or receive copies of

their records.

b. Amendment. The process of adding, deleting, or changing

information in a system of records to make the data accurate, relevant,

timely, or complete.

c. Computer matching. A computerized comparison of two or more

automated systems of records or a system of records with non-Federal

records to establish or verify eligibility for payments under Federal

benefit programs or to recover delinquent debts for these programs.

d. Confidential source. A person or organization giving information

under an express or implied promise of confidentiality made before

September 27, 1975.

e. Confidentiality. An expressed and recorded promise to withhold

the identity of a source or the information provided by a source. The

Air Force promises confidentiality only when the information goes into

a system with an approved exemption for protecting the identity of

confidential sources.

f. Defense Data Integrity Board. Representatives from the Services

and the Department of Defense who oversee, coordinate, and approve all

DoD computer matching programs covered by the Act.

g. Denial authority. The individuals with authority to deny

requests for access or amendment of records under the Privacy Act.

h. Disclosure. Giving information from a system, by any means, to

anyone other than the record subject.

i. Federal benefit program. A federally funded or administered

program for individuals that provides cash or in-kind assistance

(payments, grants, loans, or loan guarantees).

j. Individual. A living United States citizen or a permanent

resident alien.

k. Matching agency. The agency that performs a computer match.

l. Minor. Anyone under the age of majority according to local state

law. If there is no applicable state law, a minor is anyone under age

18. Military members and married persons are not minors, no matter what

their chronological age.

m. Personal identifier. A name, number, or symbol which is unique

to an individual, usually the person's name or SSN.

n. Personal information. Information about an individual other than

items of public record.

o. Privacy Act request. An oral or written request by an individual

about his or her records in a system of records.

p. Recipient agency. An agency or contractor that receives the

records and actually performs the computer match.

q. Record. Any information about an individual.

r. Routine use. A disclosure of records to individuals or agencies

outside the Department of Defense for a use that is compatible with the

purpose for which the Air Force created the records.

s. Source agency. A federal, state, or local government agency that

discloses records for the purpose of a computer match.

t. System manager. The official who is responsible for managing a

system of records, including policies and procedures to operate and

safeguard it. Local system managers operate record systems or are

responsible for part of a decentralized system.

u. System of records. A group of records containing personal

information retrieved by the subject's name, personal identifier, or

individual identifier through a cross-reference system.

v. System notice. The official public notice published in the

Federal Register of the existence and content of the system of records.

Appendix B to Part 806b - Preparing a System Notice

The following elements comprise a system of records notice for

publication in the Federal Register:

a. System identifier. SAF/AAIA assigns the notice number, for

example, F011 AFMC A, where `F' indicates `Air Force,' the next number

represents the series from AFMAN 37-139 regarding records disposition,

and the final letter group shows the system manager's command or DCS.

The last character `A' indicates that this is the first notice for this

series and system manager.

b. System name. Use a short, specific, plain-language title that

identifies the system's general purpose (limited to 55 characters).

c. System location. Specify the address of the primary system and

any decentralized elements, including automated data systems with a

central computer facility and input or output terminals at separate

locations. Use street address, 2-letter state abbreviations and 9-digit

ZIP Codes. Spell out office names. Do not use office symbols.

d. Categories of individuals covered by the system. Use

nontechnical, specific categories of individuals about whom the Air

Force keeps records. Do not use categories like `all Air Force

personnel' unless they are actually true.

e. Categories of records in the system. Describe in clear,

nontechnical terms, all categories of records in the system. List only

documents actually kept in the system. Do not show source documents

that are used to collect data and then destroyed. Do not list form

numbers.

f. Authority for maintenance of the system. Cite the specific law

or Executive Order that authorizes the program the records support.

Cite the DoD directive or instruction or the Air Force or other

instruction that authorizes the system of records. Always include

titles with the citations.

NOTE: Executive Order 9397 authorizes using the Social Security

Number (SSN). Include this authority whenever the SSN is used to

retrieve records.

g. Purpose(s). Describe briefly and specifically what the Air Force

does with the information collected.

h. Routine uses of records maintained in the system including

categories of users and the purpose of such uses. The Blanket Routine

Uses published in the Air Force Directory of System Notices apply to

all system notices unless you indicate otherwise. Also list each

specific agency or activity outside DoD to whom the records may be

released and the purpose for such release.

i. Polices and practices for storing, retrieving, accessing,

retaining, and disposing of records in the system.

j. Storage. State the medium in which the Air Force keeps the

records, for example, in file folders, card files, microfiche,

computer, and so on. Storage does not refer to the storage container.

k. Retrievability. State how the Air Force retrieves the records,

for example, by name, SSN, or personal characteristics (such as

fingerprints or voiceprints).

l. Safeguards. List the kinds of officials who have immediate

access to the system. List those responsible for safeguarding the

records. Identify the system safeguards, for example, storage in safes,

vaults, locked cabinets or rooms, use of guards, visitor controls,

personnel screening, computer systems software, and so on. Describe

safeguards fully without compromising system security.

m. Retention and disposal. State how long AFMAN 37-139 requires the

activity to maintain the record. Indicate when or if the records may be

transferred to a Federal Records Center and how long the record stays

there. Specify when the Records Center sends the record to the National

Archives or destroys it. Indicate how the records may be destroyed.

n. System manager(s) and address. List the title and duty address

of the system manager. For decentralized systems, show the locations

and the position or duty title of each category of officials

responsible for any segment of the system.

o. Notification procedure. List the title and duty address of the

official authorized to tell requesters if their records are in the

system. Specify the information a requester must submit, for example,

full name, military status, SSN, date of birth, or proof of identity,

and so on.

p. Record access procedures. Explain how individuals may arrange to

access their records. Include the titles or categories of officials who

may assist, for example, the system manager.

q. Contesting records procedures. SAF/AAIA provides this standard

caption.

r. Record source categories. Show categories of individuals or

other information sources for the system. Do not list confidential

sources protected by subsections (k)(2), (k)(5), or (k)(7) of the Act.

s. Exemptions claimed for the system. When a system has no approved

exemption, write `none' under this heading. Specifically list any

approved exemption including the subsection in the Act.

Appendix C to Part 806b - General and Specific Exemptions

(a) General exemption. The following systems of records are exempt

under 5 U.S.C. 552a(j)(2):

(1) System identifier and name: F124 AF A, Counter Intelligence

Operations and Collection Records.

(2) System identifier and name: F124 AF C, Criminal Records.

(3) System identifier and name: F125 AF SP E, Security Police

Automated System (SPAS).

(4) System identifier and name: F124 AF D, Investigative Support

Records.

(5) System identifier and name: F125 AF A, Correction and

Rehabilitation Records.

Exemption-Portions of this system that fall within 5

U.S.C.552a(j)(2) are exempt from the following provisions of 5 U.S.C.

552a, Sections (c)(3) and (c)(4); (d)(1) through (d)(5); (e)(2) and

(e)(3); (e)(4)(G) and (e)(4)(H), (e)(5); (f)(1) through (f)(5); (g)(1)

through (g)(5); and (h) of the Act.

Authority-5 U.S.C. 552a(j)(2).

Reason-The general exemption will protect ongoing investigations

and protect from access criminal investigation information contained in

this record system so as not to jeopardize any subsequent judicial or

administrative process taken as a result of information contained in

the files.

(b) Specific exemptions. The following systems of records are

subject to the specific exemptions shown:

(1) Classified records.

(i) All records in any systems of records that are properly

classified according to Executive Orders 11652, 12065 or 12356, are

exempt from 5 U.S.C. 552a(c)(3); (d); (e)(4)(G), (H), and (I); and (f),

regardless of whether the entire system is otherwise exempt or not.

(ii) Authority. 5 U.S.C. 552a(k)(1).

(2)System identifier and name: F053 AFA C, Admissions and Registrar

Records.

(i) Exemption. Parts of this system of records (Liaison Officer

Evaluation and Selection Panel Candidate Evaluation) are exempt from 5

U.S.C. 552a(d), (e)(4)(H), and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(iii) Reasons. To ensure the frankness of information used to

determine whether cadets are qualified for graduation and commissioning

as officers in the Air Force.

(3) System identifier and name: F035 MPC R, Air Force Personnel

Test 851, Test Answer Cards.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f).

(ii) Authority. 5 U.S.C. 552a(k)(6).

(iii) Reasons. To protect the objectivity of the promotion testing

system by keeping the test questions and answers in confidence.

(4) System identifier and name: F035 AFA A, Cadet Personnel

Management System.

(i) Exemption. Parts of this system are exempt from 5 U.S.C.

552a(d), (e)(4)(H), and (f), but only insofar as disclosure would

reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(7).

(iii) Reasons. To maintain the candor and integrity of comments

needed to evaluate an Air Force Academy cadet for commissioning in the

Air Force.

(5) System identifier and name: F045 AETC C, Cadet Records.

(i) Exemption. Portions of this system (Detachment Professional

Officer Course (POC) Selection Rating Sheets; Air Force Reserve Officer

Training Corps (AFROTC) Form 0-24-Disenrollment Review; Memoranda for

Record and Staff Papers with Staff Advice, Opinions, or Suggestions)

are exempt from 5 U.S.C. 552a(c)(3); (d); (e)(4)(G) and (H), and (f),

but only to the extent that disclosure would reveal the identity of a

confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(iii) Reasons. To protect the identity of a confidential source who

furnishes information necessary to make determinations about the

qualifications, eligibility, and suitability of cadets for graduation

and commissioning in the Air Force.

(6) System identifier and name: F168 AF SG B, Family Advocacy

Program Record.

(i) Exemption. Parts of this system are exempt from 5 U.S.C.

552a(c)(3) and (d), but only to the extent that disclosure would reveal

the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(2) and (k)(5).

(iii) Reasons. To encourage those who know of exceptional medical

or educational conditions or family maltreatments to come forward by

protecting their identities, and the integrity of ongoing and civil law

investigations of criminal and civil law violations. Giving subjects

access to their files could result in them concealing, altering, or

fabricating evidence could hamper the identification of offenders and

alleged offenders; and could jeopardize the safety and well-being of

the family.

(7) System identifier and name: F035 AF MP A, Effectiveness/

Performance Reporting System.

(i) Exemptions-Brigadier General Selectee Effectiveness Reports and

Colonel and Lieutenant Colonel Promotion Recommendations with close out

dates on or before January 31, 1991, may be exempt from subsections of

5 U.S.C. 552a(c)(3); (d); (e)(4)(H); and (f).

(ii) Authority-5 U.S.C. 552a(k)(7).

(iii) Reasons-Subsection (c)(3) because making the disclosure

accounting available to the individual may compromise express promises

of confidentiality by revealing details about the report and identify

other record sources, which may result in circumvention of the access

exemption.

Subsection (d) because individual disclosure compromises express

promises of confidentiality conferred to protect the integrity of the

promotion rating system.

Subsection (e)(4)(H) because of and to the extent that portions of

this record system are exempt from the individual access provisions of

subsection (d).

Subsection (f) because of and to the extent that portions of this

record system are exempt from the individual access provisions of

subsection (d).

(8) System identifier and name: F030 AF LE A, Equal Opportunity in

Off Base-Housing.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f).

(ii) Authority. 5 U.S.C. 552a(k)(2).

(iii) Reasons. To enforce civil laws, court orders, and the

activities of the Departments of Housing and Urban Development and

Justice.

(9) System identifier and name: F035 AP A, Files on General

Officers and Colonels Assigned to General Officer Positions.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4)(G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(7).

(iii) Reasons. To protect the integrity of information used in the

Reserve Initial Brigadier General Screening Board, the release of which

would compromise the selection process.

(10) System identification and name: F035 AF MP P, General Officer

Personnel Data System.

(i) Exemption-Air Force General Officer Promotion and Effectiveness

Reports with close out dates on or before January 31, 1991, may be

exempt from subsections of 5 U.S.C. 552a(c)(3); (d); (e)(4)(H); and

(f).

(ii) Authority-5 U.S.C. 552a(k)(7).

(iii) Reason-Subsection (c)(3) because making the disclosure

accounting available to the individual may compromise express promises

of confidentiality by revealing details about the report and identify

other record sources, which may result in circumvention of the access

exemption.

Subsection (d) because individual disclosure compromises express

promises of confidentiality conferred to protect the integrity of the

promotion rating system.

Subsection (e)(4)(H) because of and to the extent that portions of

this record system are exempt from the individual access provisions of

subsection (d).

Subsection (f) because of and to the extent that portions of this

record system are exempt from the individual access provisions of

subsection (d).

(11) System identifier and name: F035 MPC L, Historical Airman

Promotion Master Test File.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f).

(ii) Authority. 5 U.S.C. 552a(k)(6).

(iii) Reasons. To protect the integrity, objectivity, and equity of

the promotion testing system by keeping test questions and answers in

confidence.

(12) System identifier and name: F120 AF IG B, Inspector General

Records.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f). However, if a person is denied any

right, privilege, or benefit, he or she would otherwise be entitled to

as a result of keeping this material, it must be released, unless doing

so would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(2).

(iii) Reasons. Granting individuals access to information collected

while an Inspector General inquiry is in progress could interfere with

the just, thorough, and timely resolution of the complaint or inquiry

and could possibly enable individuals to conceal wrong doing or mislead

the inquiring officer. Disclosure might also subject sources,

witnesses, and their families to harassment or intimidation.

(13) System identifier and name: F124 AFOSI B, Investigative

Applicant Processing Records.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(iii) Reasons. To protect those who gave information in confidence

during Air Force Office of Special Investigations (AFOSI) applicant

inquiries. Fear of harassment could cause sources not to make frank and

open responses about applicant qualifications. This could compromise

the integrity of the AFOSI personnel program that relies on selecting

only qualified people.

(14) System identifier and name: F035 AFB B, Master Cadet Personnel

Record (Active/Historical).

(i) Exemptions. Parts of these systems are exempt from 5 U.S.C.

552a(d), (e)(4)(H), and (f), but only to the extent that they would

reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(7).

(iii) Reasons. To maintain the candor and integrity of comments

needed to evaluate a cadet for commissioning in the Air Force.

(15) System identifier and name: F205 AFISA A, Sensitive

Compartmented Information Personnel Records.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(a)(3); (d);

(e)(4) (G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(2) and (k)(5).

(iii) Reasons. To protect the identity of sources to whom proper

promises of confidentiality have been made during investigations.

Without these promises, sources will often be unwilling to provide

information essential in adjudicating access in a fair and impartial

manner.

(16) F124 AFA, Security and Related Investigative Records.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(iii) Reasons. To protect the identity of those who give

information in confidence for personnel security and related

investigations. Fear of harassment could cause sources to refuse to

give this information in the frank and open way needed to pinpoint

those areas in an investigation that should be expanded to resolve

charges of questionable conduct.

(17) System identifier and name: F205 AFSCO A, Special Security

Case Files.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d),

(e)(4) (G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(iii) Reasons. To protect the identity of those who give

information in confidence for personnel security and related

investigations. Fear of harassment could cause sources to refuse to

give this information in the frank and open way needed to pinpoint

those areas in an investigation that should be expanded to resolve

charges of questionable conduct.

(18) System identifier and name: F205 AF SP A, Special Security

Files.

(i) Exemption. This system is exempt from 5 U.S.C. 552a(c)(3); (d);

(e)(4) (G), (H), and (I); and (f), but only to the extent that

disclosure would reveal the identity of a confidential source.

(ii) Authority. 5 U.S.C. 552a(k)(5).

(ii) Reasons. To protect the identity of those who give information

in confidence for personnel security and related investigations. Fear

of harassment could cause them to refuse to give this information in

the frank and open way needed to pinpoint areas in an investigation

that should be expanded to resolve charges of questionable conduct.

(19) System identifier and name: F035 AF MP R, Applications for

Appointment and Extended Active Duty Files.

(i) Exemption. Parts of this system of records are exempt from 5

U.S.C. 552a(d), but only to the extent that disclosure would reveal the

identity of a confidential source.

(ii) Authority.5 U.S.C. 552a(k)(5).

(iii)Reasons. To protect the identity of confidential sources who

furnish information necessary to make determinations about the

qualifications, eligibility, and suitability of health care

professionals who apply for Reserve of the Air Force appointment or

interservice transfer to the Air Force.

Dated: July 21, 1994.

L. M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 94-18423 Filed 7-27-94; 8:45 am]

BILLING CODE 5000-04-F

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.