Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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326
F. Individual Access and Amendment of Records
The Privacy Act permits individuals to gain access to or amend his or her record or to any information pertaining to him or her that is contained in a PA system of records. An individual may request access to information pertaining to him or her from a system of records, except when subject to an exemption or compiled in reasonable anticipation of a civil action or proceeding. Exemptions to the access requirement are covered in AR 25-22, Chapter 4. An individual may also request to amend personal information contained in a system of records unless the system is exempted from the amendment provisions of the Act. The standard for amendment is that the records are factually inaccurate, irrelevant, untimely, or incomplete. The burden of proof is on the individual requester.
G. Denial Authorities
Only Denial Authorities can deny a request for records or a request to amend in a PA system of records. Denial authorities are authorized to deny requests, either in whole or in part, for access and amendment of Privacy Act records contained in their respective areas of responsibility. Denial Authorities are the same authorities designated as Initial Denial Authorities under the Army Freedom of Information Act Program, AR 25-55.
H. Privacy Act Statements
When asking an individual for PII that will be maintained in a PA system of records, the individual must be provided with a Privacy Act Statement. Most DoD and DA Forms contain a Privacy Act Statement.
I. Breaches of Information/Unauthorized Disclosure
A breach is when PII is lost, stolen, improperly disclosed or otherwise available to individuals without a duty-related official need to know. Army activities should report all incidents involving PII and should not distinguish between suspected and confirmed breaches. Report all incidents to the Army Privacy Office (APO) within 24 hours of discovery by entering data into the Privacy Act Tracking System (PATS. If computer access is not available, PII compromise can be reported at the 24/7 Army toll free number at 1-866–606–9580. Specific guidance on reporting actual or suspected breaches is contained in AR 25-22, Chapter 9.

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