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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
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