Nonjudicial Punishment Results

Information on nonjudicial punishment will not normally be released under the FOIA. The privacy interest of the member must be balanced against the public interest of the information. Disclosure should be made when the events leading to the nonjudicial punishment are particularly newsworthy or the case involves a senior official abusing the public trust through office-related misconduct such as embezzlement, fraud, or misuse of government property.

PRIVACY ACT The Privacy Act, 5 U.S.C. $ 552a, applies to documents and records in a system of records maintained by

an agency from which information is retrieved by the person's name or other personal identifier such as a social security number. The Privacy Act balances the government's need to maintain information about individuals against the right of individuals to be protected from unwarranted invasions of their privacy by government collection, maintenance, use, and disclosure of personal information, SECNAVINST 5211.5C contains DON policy guidance on the Privacy Act and prescribes procedures for notifying individuals of a system of records pertaining to them, granting access to the subject of the records, reviewing request to amend records, disclosing personal information to third parties, and safeguarding personal information.

Naval activities may not maintain records retrievable by name or personal identifier unless a system notice has been published in the Federal Register. Maintaining an unpublished system of records is a criminal violation. Information in a Privacy Act system of records may not be disclosed to the public unless (1) the subject of the record consents, (2) the disclosure is pursuant to a routine use, released under an exemption for an official use, or (3) by order of a court of competent jurisdiction.

Responsibilities

For request for access or amendment to records, the system manager must establish and make available upon request rules on requests for access or amendments that conform to paragraph 6 and enclosures (4) and (5) of SECNAVINST 5211.5C. The official with custody of the record may grant access to the requested record even if he or she is not the system manager. Only officials designated as denial authorities in paragraph 4c of SECNAVINST 5211.15C may deny a request for access. Blanket requests for notification and/or access to all systems of records within the Navy are not honored.

Procedures

The requesting individual should request the records in writing, providing the name of the system of records, full name, social security number, and a signed release, if necessary. The system manager or other responsible official will verify the identity of the requesting individual, such as by employee or military identification card or driver's license, as a subject of the record. If a written request, identity may be verified by the requester providing minimum identifying data such as date of birth. If the information is sensitive, a signed and notarized statement of identity may be required. The system manager will grant access to the requested record unless exempt. If necessary, the system manager or other custodial official will inform the requester of any additional information that is needed. The system manager may deny a request for notification, access, or amendment only if there is a significant and legitimate governmental interest.

A request for notification, access, or amendment will be acted on in 10 working days, or a response to the requester will indicate when the request will be acted upon. Action should be completed within 30 days of receipt by the cognizant office.

If access should be granted, the system manager or other custodial official will inform the requester in writing and (1) inform the requester where and when the records may be viewed, that a person may accompany the requester, and a copy of the record may be provided upon agreement to pay duplication fees or (2) furnish a copy of the record, if the requester asked for a copy of the record and agreed to pay duplication fees, unless fees were waived. If the system manager or other custodial official determines the request should be denied, in whole or in part, that officer will send the request to the cognizant denial authority with a copy of the requested record and recommendations as to the denial.

Disclosure to Others

Generally, records in a system of records may not be disclosed except pursuant to a written request of the subject of the record or with the prior written consent of the subject of the record.

Disclosure may be made to other DON or DOD personnel who need the records in the performance of their duties, if compatible with the purpose for which the information is maintained.

Disclosure may be made upon written assurance that the record will be used solely as statistical research or a reporting record, and the record is not individually identifiable.

Disclosure may be made to another agency or instrumentality of any governmental jurisdiction, controlled by the United States, for a civil or criminal law enforcement activity if (1) the activity is authorized by law and (2) the head of the agency or instrumentality made a written request to the head of the agency maintaining the record, specifying the record desired and the law enforcement purpose.

Disclosure may be made to either House of Congress, or to any committee or subcommittee of Congress to the extent the matter is within its jurisdiction. Disclosure is not authorized to an individual Member of Congress acting on his or her own behalf or on behalf of a constituent.

Disclosure may be made in response to an order of a court of competent jurisdiction signed by a judge.

Collection of Information

Personal information is information private or intimate to the individual and not related solely to official functions. It ordinarily does not include information such as time, place, and manner of, or reasons and authority for, an individual's act or omission directly related to official duties. Personal information will be collected to the maximum extent possible from the individual, except when (1) there is a need to make sure of the accuracy of the information supplied by verifying the information through a third party, (2) information can only be obtained through a third party, and (3) obtaining information directly from the individual would involve exceptional difficulties or unreasonable costs.

A Privacy Act statement must be provided when individuals supply personal information about themselves. The individual need not sign the Privacy Act statement. The Privacy Act statement must include the following:

l Authority for the solicitation (statute or executive order)

l Brief summary of routine uses for the information, as published in the Federal Register

l Purpose for which the information is used

l Whether disclosure is mandatory or voluntary and effects of nondisclosure

A Privacy Act statement must be provided when requesting a social security number. A social security number may be requested even if not required by federal statute, if the individual is informed that disclosure is voluntary.