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Collection of Information - 14135_25
individuals  against  the  right  of  individuals  to  be  pro- tected from unwarranted invasions of their privacy by government collection, maintenance, use, and disclo- sure  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  par- ties,  and  safeguarding  personal  information. Naval activities may not maintain records retriev- able 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 Maintaining an unpublished system of records is a criminal violation.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 amend- ments 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 re- questing 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 accom- pany 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 de- nied, 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  in- strumentality of any governmental jurisdiction, control- led 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 main- taining the record, specifying the record desired and the law  enforcement  purpose. Disclosure may be made to either House of Con- gress, or to any committee or subcommittee of Congress 1-14

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