SYSTEMS OF RECORDS

The Privacy Act of 1974 requires that a public notice be published in the Federal Register for each system of records before it becomes operational; that is, before any information about individuals is collected for indexing into it. Each "routine use" of a system of records must have been established in a notice published for public comment at least 30 days prior to disclosure of a record for that "routine use." Personal Privacy and Rights of Individuals Regarding Records Pertaining to Themselves, SECNAVINST 5211.5, contains detailed guidance on the formats to be used by agencies in publishing their public notices. An agency should identify in its system all categories of its records; for example, reports of investigation, name index file cards, informant card file, modus operandi file. There are no built-in or automatic exemptions or exclusions, even for such categories of records as informant registers.

LAWS

The Privacy Act of 1974 provides for individuals to have access to their personal records, with certain limited exceptions-most notably for records collected for law enforcement purposes. SECNAVINST 5211.5, which implements the Privacy Act of 1974 and DOD Directive 5400.11 for the Department of the Navy, delineates policies, conditions, and procedures that govern collecting personal information; and safeguarding, amending, and disseminating personal information kept by the Department of the Navy in a system of records. Except for a systems-wide exemption of properly classified material, a system of records carries only those exemptions expressly authorized for it by the Secretary of the Navy and duly published. Even though an exemption maybe permitted, in keeping with the spirit and intent of the Privacy Act of 1974, information from individuals' records will be released to them unless significant and legitimate governmental purposes exist for withholding them.

The Freedom of Information Act applies more broadly to persons seeking many kinds of records, not just their own. It is the principal law of openess in the Government. Access by individuals to their own files (see SECNAVINST 5211.5), falls under the provisions of the Privacy Act of 1974, regardless of whether either, both, or neither Act is invoked. Further, one Act may not

be used as a basis for denying that which would be available under the other.

Each command should have a designated information and privacy coordinator, whose principal functions areas follows:

1. To act as the local point of contact for implementing and administering the privacy program within its jurisdictional area.

2. To ensure that the published system of records describes those personal records retained by components within the command.

3. To ensure that disclosure of personal information and accounting records are made in accordance with SECNAVINST 5211.5.

4. To provide proper and continuing training of personnel connected in any way with personal records systems.

Denial of information can be made only by designated denial authorities. For further discussion on denial, see paragraph 4.c. of SECNAVINST 5211.5.

The requirement to inform individuals verbally and in writing of the purpose to which the collecting agency intends to put personal information collected about them does not apply for that information collected for law enforcement purposes, if first authorized by the Secretary of the Navy. For discussion see paragraph 9.b. of SECNAVINST 5211.5.

Disclosures of information from a system of records must be consistent with the disclosure provisions of the Privacy Act of 1974 at 5 U.S.C. 552a(b), and with the "routine uses" established by the agency in its system of records. It is a requirement that a written account of all disclosures made outside the Department of Defense be kept with an individual's file. An agency's "routine uses" must specify intended use of its information to state, local, and foreign investigative, criminal investigative, and intelligence agencies for law enforcement and mutual protection/security purposes for such disclosure of information to be legal.

An individual may not be denied a right, privilege, or benefit because of refusal to disclose his or her social security number (SSN) unless such disclosure is required by Federal statute or required by a system of records in existence and operating before 1 January 1975. The Department of the Navy is authorized by Executive Order 9397 to use the SSN as a system of numerical identification of individuals. For discussion, see paragraph 9.c. of SECNAVINST 5211.5 and section 7 of the Privacy Act of 1974.

INFORMANTS

LEARNING OBJECTIVES: Explain the importance of informants in the investigative process. Describe the selection of informants and list the various motives of informants. Describe the management and control of informants and the techniques used with members of the opposite sex and juveniles. Determine the appropriate meeting places with informants and explain how informants should be treated. Discuss the legal status of informant information with regard to various court decisions.

Criminal acts, when carried out in ways that afford the most concealment, often provide little in the way of tangible leads for the investigator. By the time MA or command investigators arrive at the crime scene, the suspect has usually disappeared. Physical evidence is examined during the course of an investigation. By itself, the physical evidence gathered seldom identifies the perpetrator. Often, physical evidence will only place the suspect at the crime scene once he or she has been brought under suspicion.

Like physical evidence, people are a source of information, and probably the more important of the two. In addition to the victim and witnesses, an informant could be a valuable source of information for the investigator. The informant is often the most direct and fastest contact with criminal elements, and might provide information in a few minutes that would otherwise require an extensive investigation to uncover.

The requirements for the management of informants by Navy security force personnel are contained in chapter 16 of the Navy Law Enforcement Manual, OPNAVINST 5580.1.