Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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325
59
Privacy Act Program
A. References
• Title 5, United States Code, section a (5 USC a, The Privacy Act of 1974
• DoD R, Department of Defense Privacy Program, 14 May 2007
• AR 25-22, The Army Privacy Program, 22 December 2016
B. Overview
The Privacy Act pertains to three aspects of Government practices regarding personally identifiable information (PII): collection & maintenance, disclosure, and access and amendment of records. The Privacy Act applies to information that is collected and stored in a system of records limits the Government’s use, and provides the individual access to their records, unless specifically exempted from disclosure.
C. Collection, Maintenance and Use
An agency can only collect personal information fora valid purpose in accordance with the applicable system of records and cannot disclose the information to any person, or another agency, without the written consent of the individual to whom the record pertains, or an applicable exception. There are twelve exceptions to the consent requirement the four most relevant to the military are (1) to agency (DoD) officials with a need to know for the performance of official duties (2) when required by the Freedom of Information Act (FOIA); (3) for routine use and (4) for law enforcement purposes.
D. System of Records
A Privacy Act (PA) system of records is a group of records, whatever the storage media paper, electronic, and so forth, under the control of an Army activity from which personal information about an individual is retrieved by the name of the individual, or by an identifying number, symbol, or other identifying particular assigned, that is unique to the individual. System of Record Notices (SORNs) of all Army systems of records are required by the Privacy Act to be published in the Federal Register.
E. Routine Uses
In addition to routine uses listed in SORNs, there are blanket routine uses applicable to all records from systems of records maintained by the Army. Examples of blanket routine uses include, but are not limited to law enforcement disclosure when requesting information congressional inquiries disclosure and disclosure to Office of Personnel Management.

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