In the following paragraphs, we cover the policy for release of record transcripts. As will be noted, the appropriate rule for release to be implemented depends upon the intended recipient of the record transcript.

1. Release to the Public. Information contained in medical records of individuals who have undergone medical or dental examination or treatment is personal to the individual and considered private and privileged in nature. Consequently, disclosure of such information to the public would constitute an unwarranted invasion of personal privacy. Such information is exempt from release under the Freedom of Information Act.

However, MTF commanding officers may release some information to the public or the press without the patient's or patient's next of kin's (NOK) consent. This information is the patient's name; grade or rate; date of admission or disposition; age; sex; component, base, station, or organization; and general condition.

2. Release to the Individual Concerned. Release of healthcare information to the individual concerned (patient) falls within the purview of the Privacy Act and not the Freedom of Information Act. When individuals request information from their medical record, it will be released to them unless, in the opinion of the releasing authority, it might prove injurious to their physical or mental health. In such an event, the releasing authority will request authorization from the patients to send their medical information to their personal physician.

3. Release to Representatives of the Individual Concerned. Upon the written request from patients, healthcare information will be released to their authorized representatives. If an individual is mentally incompetent, insane, or deceased, the NOK or legal representative must authorize the release in writing. NOK or legal representatives must submit adequate proof that the member or former member has been declared mentally incompetent or insane, or furnish adequate proof of death if such information is not on file. Legal representatives must also provide proof of appointment, such as a certified copy of a court order.

4. Release to Other Government Departments and Agencies. When requested, healthcare information will be released to other government departments. These government departments and agencies must have a legitimate need for the information as listed in the "Routine Uses" section of the Medical Treatment Records System, which is annually set forth in SECNAVNOTE 5211, Systems of Personal Records Authorized for Maintenance Under the Privacy Act of 1974, 5 USC 552a (PL 93-579).

If the releasing authority is in doubt whether the requesting department has a legitimate need for the information, it will ask the requesting department to specify the purpose for which the information will be used. In some cases, the requesting department should be advised that the information will be withheld until the written consent of the individual concerned is obtained.