139.
"Routine Uses" and Exemptions
Records in a system of records subject to the Act may not be
disclosed by "any means of communication to any person or to another
agency," 5 U.S.C. Sec. 552a(b), without the prior written request or consent
of the individuals to whom the records pertain. However, the Act sets forth
twelve exceptions to this general restriction:
- To officers and employees of the agency maintaining the records who have
a need for the records in the performance of their official duties;
- As required by the Freedom of Information Act (a discretionary
disclosure under FOIA does not satisfy this exception, also an actual FOIA
request must have been received for the information);
- For a routine use published in the Federal Register in a notice of the
system of records;
- To the Bureau of the Census in connection with a census or survey;
- For statistical research or reporting purposes to someone who has
provided advance, adequate written assurance to the agency that the records
will only be used for these purposes, provided the records are transferred
in a form that does not identify the subjects of the records
individually;
- To the National Archives and Records Service (NARS) of the General
Services Administration (GSA) if the records have sufficient historical
value to warrant continued preservation;
- To another agency for authorized civil or criminal law enforcement
activity, if the head of that agency makes a written request for the records
and specifies the particular portions of the records being sought and the
law enforcement activity involved;
- To a person upon a showing of compelling circumstances affecting the
health or safety of the individual to whom the records pertain if at the
time of such disclosure notification thereof is sent to the last known
address of the individual;
- To the Congress, congressional committees and subcommittees, and joint
congressional committees and subcommittees;
- To the General Accounting Office (GAO);
- Pursuant to a court order (including state and local as well as federal
courts of competent jurisdiction); and
- To a consumer reporting agency in accordance with Section 3711(f) of
Title 31.
With two important exceptions, Section 3(c) of the Act requires an
agency to keep an accurate accounting of the date, nature, and purpose of
each disclosure of a record or records to another agency or to any person
and the name and address of the person or agency to whom the disclosure was
made. The first exception is with respect to disclosure to officers and
employees of the agency in the performance of their official duties. See 5
C.F.R. Sec. 552a(b)(1). The second exception is for a disclosure required
by the FOIA. See 5 U.S.C. Sec. 552a(b)(2).
In addition, this provision requires that a copy of the accounting
made available to the individual who is the subject of the record disclosed
except for disclosure to another agency for authorized civil or criminal law
enforcement activity . See 5 U.S.C. Sec. 552a(b)(7). Finally, this
provision requires that any person or agency to which disclosure of a record
has been made must be informed about any subsequent correction or notation
of dispute made by the agency as to that record, unless the agency was not
required to make an accounting of the earlier disclosure .
Another principal requirement set forth in Section 3 of the Act is the
right of an individual (with certain exceptions to be discussed) who is the
subject of a record to access and, to a lesser extent, to seek to correct
and control the accuracy of the record. Specifically, Subsection (d) of
Section 3 requires that the agency permit the individual and upon that
individual's request, a person of his/her choosing to gain access to the
record to review its contents. In addition, if the individual requests the
agency to amend or correct the record, the agency must acknowledge in
writing its receipt of the request within 10 working days after the date the
request is received and promptly:
- Correct any portion of the record which the individual believes is not
"accurate, relevant, timely, or complete," See 5 U.S.C. 552a(d)(2)(B)(i);
or
- Inform the individual that the agency will not amend or correct the
record, the reasons why the agency will not do so, and notify the individual
of his/her right to appeal this determination to a designated official
within the agency.
- However, certain systems of record are exempt from this accessing
correction requirement. In addition, Section 3(d)(5) states that:
Nothing in this section shall allow an individual access to any
information compiled in reasonable anticipation of a civil action or
proceeding. See, 5 U.S.C. § 552a(d)(5).
The Act permits an agency to limit or prohibit an individual from being
granted access, and/or amending or correcting his/her records, pursuant to
Section 3(j) and (k) of the Act. See 5 U.S.C. Sec. 552a(j) and (k).
Section 3(j) permits an agency to promulgate regulations to prohibit both
access and amendment/correction of systems of records:
- Maintained by the Central Intelligence Agency (CIA); and
- Maintained by a criminal law enforcement activity for such purposes
(consult specific language of 5 U.S.C. Sec. 552a(j)(2)(A) to (C) as to the
scope of the exemption).
[cited in USAM 3-17.220]
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