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Responsibilities - 14135_24
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Summary - 14135_26
to the extent the matter is within its jurisdiction. Disclo- sure is not authorized to an individual Member of Con- gress 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  infor- mation 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) in- formation can only be obtained through a third party, and  (3)  obtaining  information  directly  from  the  individ- ual  would  involve  exceptional  difficulties  or  unreason- able  costs. A Privacy Act statement must be provided when individuals  supply  personal  information  about  them- selves. The individual need not sign the Privacy Act statement.  The  Privacy  Act  statement  must  include  the following: l l l l A Authority  for  the  solicitation  (statute  or  execu- tive  order) Brief summary of routine uses for the informa- tion, as published in the  Federal  Register Purpose for which the information is used Whether disclosure is mandatory or voluntary and  effects  of  nondisclosure 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. LITIGATION PURPOSES Official  documents  and  information  should  be made reasonably available for use in federal courts, state courts, foreign courts, and other governmental proceedings  unless  the  information  is  classified,  privi- leged, or otherwise protected from public disclosure. Requests for documents, testimony, depositions, or in- terviews of witnesses in connection with litigation will be  processed  under  SECNAVINST  5820.8A. Relationship With FOIA and Privacy Act If an FOIA or a Privacy Act request pertains to litigation to which the United States is a present or potential party, the release authority should notify the Judge Advocate General or the General Counsel, as appropriate. Requests for Privacy Act records must be accompanied by a written release from the subject of the record, a court order, or a subpoena signed by a judge  of  a  court  of  competent  jurisdiction. Responsibilities Requests  for  official  information  and  records  will be  processed  according  to  SECNAVINST  5820.8A. Generally, the responsibility to act as the determining authority  has  been  delegatcd  to  GCM  convening authorities and those commands and activities with an SJA assigned. If compliance is inappropriate for any reason, such as the records contain classified or privi- leged information, send the court order or subpoena to the  Judge  Advocate  General  or  Associate  General Counsel (Litigation) and notify the parties of this action. If the United States is not and is not reasonably anticipated  to  become  a  party  to  the  proceedings,  the production in federal or state courts of evidentiary material from  JAG  Manual  investigations,  and  the  ser- vice,  employment,  pay,  or  medical  records  of  dependent or members of the naval service is authorized upon receipt  of  a  request  complying  with  SECNAVINST 5820.8A, accompanied by a subpoena, court order, or other request signed by the judge of a court of competent jurisdiction.  The  specific  authority  of  the  Judge  Advo- cate General is not required. Production  of  Official  Records Without a Court Order Send any requests for release outside of the DON to JAG when the requests are for one of the following official   records: . JAG Manual  investigations l  Court-martial  records . Article 69 and 73, UCMJ, petitions 1-15

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