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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Maintaining an unpublished system of records is a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
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