SYSTEM OF RECORDS NOTICES (SORNs)

DoD COMPONENT NOTICES

Office of the Secretary, DoD/Joint Staff

SYSTEM NAME:

Privacy Act Case Files (October 29, 2012, 77 FR 65539).

SYSTEM LOCATION:

Washington Headquarters Services (WHS) records: Freedom of Information Division, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoD Education Activity (DoDEA) records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity (HA/TMA) and Uniformed Services University of Health Sciences (USUHS): TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have requested documents and/or appeals under the provisions of the Privacy Act (PA) from the Offices of the Secretary of Defense, DoD Education Activity and the Assistant Secretary of Defense (Health Affairs)/TRICARE Management Activity; and attorneys representing individuals submitting such requests.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records created or compiled in response to Privacy Act requests and administrative appeals, individuals name, request number, original and copies of requests and administrative appeals; responses to such requests and administrative appeals; all related memoranda, correspondence, notes, and other related or supporting documentation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 552a, The Privacy Act of 1974, as amended; 10 U.S.C. 113, Secretary of Defense, DoD Directive 5110.4, Washington Headquarters Services (WHS); DoD 5400.11-R, Department of Defense Privacy Program; Administrative Instruction 81, Privacy Program; 10 U.S.C. 2164, Department of Defense Domestic Dependent Elementary and Secondary Schools; 20 U.S.C. 921-932, Overseas Defense Dependents Education; DoD Directive 1342.20 Department of Defense Education Activity (DoDEA), DoD 5136.01, Assistant Secretary of Defense for Health Affairs (ASD(HA)); DoD Directive 5136.12, TRICARE Management Activity (TMA).

PURPOSE(S):

Information is being collected and maintained for the purpose of processing Privacy Act requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the Department of Defense in carrying out any other responsibilities under the Privacy Act of 1974.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense's compilation of systems of records notices apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders and electronic storage media.

RETRIEVABILITY:

By name and/or request number.

Safeguards:

Records are maintained in security containers with access only to officials whose access is based on requirements of assigned duties. Computer database access requires use of Common Access Card (CAC) login and role-based access by individuals who have a need-to-know.

RETENTION AND DISPOSAL:

Responses granting access to all the requested records, destroy 2 years after the date of reply. Responding to requests for nonexistent records; to requesters who provide inadequate descriptions; and to those who fail to pay agency reproduction fees; destroy requests not appealed 2 years after date of reply; destroy appealed requests in accordance with the approved disposition instructions for related subject individuals records or 3 years after final adjudication by the courts, whichever is later. Responses denying access to all or part of the records requested, destroy requests not appealed 5 years after date of reply.

System Manager(s) and Address:

WHS records: Chief, OSD/JS Privacy Office, Office of Freedom of Information, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoDEA records: Chief, Department of Defense Education Activity, Privacy Office, Executive Services Office, Office of the Chief of Staff, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

HA/TMA records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

Notification Procedure:

Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to:

WHS records: Chief, OSD/JS Privacy Office, Office of Freedom of Information, Executive Services Directorate, Washington Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

Written requests should include the individual's name.

DoDEA records: Chief, Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

Written requests must include this system of records notice name and number, be in writing, signed, and for verification purposes provide evidence of the requester's identity such as a copy of a photo ID or passport or similar document bearing the requesters signature.

HA/TMA records: TRICARE Management Activity, Department of Defense, ATTN: TMA Privacy Officer, 16401 East Centretech Parkway, Aurora, CO 80011-9044.

Written requests should include the individual's name, mailing address and signature.

Record Access Procedures:

Individuals seeking to access their record should address written inquiries to:

WHS records: OSD/JS Freedom of Information Requester Service Center, Office of Freedom of Information, Executive Services Directorate, Washington, Headquarters Services, 4800 Mark Center Drive, Suite 02F09-02, Alexandria, VA 22350-3100.

DoDEA records: Department of Defense Education Activity, Privacy Act Office, Executive Services Office, Office of the Chief of Staff, 4800 Mark Center Drive, Suite 06D08-03, Alexandria, VA 22350-1400.

HA/TMA records: TRICARE Management Activity, ATTN: Freedom of Information Act Requester Service Center, 16401 East Centretech Parkway, Aurora, CO 80011-9066.

Requests for access must include this system of records notice name and number, be in writing, signed, and for verification purposes provide evidence of the requester's identity such as a copy of a photo ID or passport or similar document bearing the requesters signature.

Additionally for DoDEA records: If a parent or legal guardian is requesting records pertaining to his or her minor child or ward, he/she must also provide evidence of that relationship. The parent may provide one of the following: a copy of the child's school enrollment form signed by the parent, a copy of a divorce decree or travel order that includes the child's name, an order of guardianship, or a declaration stating that he/she is the parent or legal guardian of the minor or incapacitated child.

Contesting Record Procedures:

The Office of the Secretary of Defense rules for accessing records, for contesting contents and appealing initial agency determinations are published in Office of the Secretary of Defense Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.

Record Source Categories:

Those individuals who submit initial requests and administrative appeals pursuant to the Privacy Act; the agency records searched in the process of responding to such requests and appeals; Department of Defense personnel assigned to handle such requests and appeals; other agencies or entities that have referred to the Department of Defense requests concerning Department of Defense records, or that have consulted with the Department of Defense regarding the handling of particular requests; and submitters or subjects of records or information that have provided assistance to the Department of Defense in making access or amendment determinations.

Exemptions Claimed for the System:

During the course of a Privacy Act (PA) action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those other systems of records are entered into these PA case records, Washington Headquarters Services hereby claims the same exemptions for the records as they have in the original primary systems of records which they are a part.

An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 311. For additional information contact the system manager.

FEDERAL REGISTER HISTORY:

December 8, 2010, 75 FR 76423; October 29, 2012, 77 FR 66539