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  (2) All requests by individual for personal information about other 
individuals (third parties) shall be processed under the DoD Freedom of 
Information Program (32 CFR part 286), except for requests by the 
parents of a minor, or legal guardians of an individual, for access to 
the records pertaining to the minor or individual.
  (b) Disclosures among DoD Components. For the purposes of disclosure 
and disclosure accounting, the Department of Defense is considered a 
single agency (see paragraph (a) of Sec. 310.41 of this part).
  (c) Disclosures outside the Department of Defense. Do not disclose 
personal information from a system of records outside the Department of 
Defense unless:
  (1) The record has been requested by the individual to whom it 
pertains.
  (2) The written consent of the individual to whom the record pertains 
has been obtained for release of the record to the requesting agency, 
activity, or individual, or
  (3) The release is for one of the specific nonconsensual purposes set 
forth in Sec. 310.41 of this part.
  (d) Validation before disclosure. Except for releases made in 
accordance with the Freedom of Information Act (5 U.S.C. 552), before 
disclosing any personal information to any recipient outside the 
Department of Defense other than a federal agency or the individual to 
whom it pertains:
  (1) Ensure that the records are accurate, timely, complete, and 
relevant for agency purposes;
  (2) Contact the individual, if reasonably available, to verify the 
accuracy, timeliness, completeness, and relevancy of the information, if 
the cannot be determined from the record; or
  (3) If the information is not current and the individual is not 
reasonably available, advise the recipient that the information is 
believed accurate as of a specific date and any other known factors 
bearing on its accuracy and relevancy.

  [51 FR 1364, Jan. 16, 1986. Redesignated at 56 FR 55631, Oct. 29, 1991 
and amended at 56 FR 57800, Nov. 14, 1991]

   Sec. 310.41  Nonconsensual disclosures.

  (a) Disclosures within the Department of Defense. (1) Records 
pertaining to an individual may be disclosed without the consent of the 
individual to any DoD official who has need for the record in the 
performance of his or her assigned duties.
  (2) Rank, position, or title alone do not authorize access to personal 
information about others. An official need for the information must 
exist before disclosure.
  (b) Disclosures under the Freedom of Information Act. (1) All records 
must be disclosed if their release is required by the Freedom of 
Information Act (5 U.S.C 552) see also the DoD Freedom of Information 
Program (32 CFR part 286). The Freedom of Information Act requires that 
records be made available to the public unless exempted from disclosure 
by one of the nine exemptions found in the Act. It follows, therefore, 
that if a record is not exempt from disclosure it must be disclosed.
  (2) The standard for exempting most personal records, such as 
personnel records, medical records, and similar records, is found in 
Exemption Number 6 of Sec. 286.31 of 32 CFR part 286. Under that 
exemption, release of personal information can only be denied when its 
release would be a ``clearly unwarranted invasion of personal privacy.''
  (3) Release of personal information in investigatory records including 
personnel security investigation records is controlled by the broader 
standard of an ``unwarranted invasion of personal privacy'' found in 
Exemption Number 7 of Sec. 286.31 of 32 CFR part 286. This broader 
standard applies only to investigatory records.
  (4) See 32 CFR part 286 for the standards to use in applying these 
exemptions.
  (c) Personal information that is normally releasable.--(1) DoD 
civilian employees. (i) Some examples of personal information regarding 
DoD civilian employees that normally may be released without a clearly 
unwarranted invasion of personal privacy include:
  (A) Name.
  (B) Present and past postion titles.
  (C) Present and past grades.
  (D) Present and past salaries.
  (E) Present and past duty stations.
  (F) Office or duty telephone numbers.
  (ii) All disclosures of personal information regarding federal 
civilian employees shall be made in accordance with the Federal 
Personnel Manual (FPM) 5 CFR parts 293, 294, 297 and 735.
  (2) Military members. (i) While it is not possible to identify 
categorically information that must be released or withheld from 
military personnel records in every instance, the following items of 
personal information regarding military members normally may be 
disclosed without a clearly unwarranted invasion of their personal 
privacy:
  (A) Full name.
  (B) Rank.
  (C) Date of rank.
  (D) Gross salary.
  (E) Past duty assignments.
  (F) Present duty assignment.
  (G) Future assignments that are officially established.
  (H) Office of duty telephone numbers.
  (I) Source of commission.
  (J) Promotion sequence number.
  (K) Awards and decorations.
  (L) Attendance at professional military schools.
  (M) Duty status at any given time.
  (ii) All releases of personal information regarding military members 
shall be made in accordance with the standards established by 32 CFR 
part 286.
  (3) Civilian employees not under the FPM. (i) While it is not possible 
to identify categorically those items of personal information that must 
be released regarding civilian employees not subject to the Federal 
Personnel Manual (5 CFR parts 293, 294, 297 and 735), such as 
nonappropriated fund employees, normally the following items may be 
released without a clearly unwarranted invasion of personal privacy:
  (A) Full name.
  (B) Grade or position.
  (C) Date of grade.
  (D) Gross salary.
  (E) Present and past assignments.
  (F) Future assignments, if officially established.
  (G) Office or duty telephone numbers.
  (ii) All releases of personal information regarding civilian personnel 
in this category shall be made in accordance with the standards 
established by 32 CFR part 286, the DoD Freedom of Information Program.
  (d) Release of home addresses and home telephone numbers. (1) The 
release of home addresses and home telephone numbers normally is 
considered a clearly unwarranted invasion of personal privacy and is 
prohibited. However, these may be released without prior specific 
consent of the individual if:
  (i) The individual has indicated previously that he or she interposes 
no objection to their release (see paragraphs (d)(3) and (4) of this 
section);
  (ii) The source of the information to be released is a public document 
such as commercial telephone directory or other public listing;
  (iii) The release is required by federal statute (for example, 
pursuant to federally-funded state programs to locate parents who have 
defaulted on child support payments (42 U.S.C. section 653); or
  (iv) The releasing official releases the information under the 
provisions of the DoD Freedom of Information Act Program (32 CFR part 
286).
  (2) A request for a home address or telephone number may be referred 
to the last known address of the individual for a direct reply by him or 
her to the requester. In such cases the requester shall be notified of 
the referral.
  (3) When collecting lists of home addresses and telephone numbers, the 
individual may be offered the option of authorizing the information 
pertaining to him or her to be disseminated without further permission 
for specific purposes, such as locator services. In these cases, the 
information may be disseminated for the stated purpose without further 
consent. However, if the information is to be disseminated for any other 
purpose, a new consent is required. Normally such consent for release is 
in writing and signed by the individual.
  (4) Before listing home addresses and home telephone numbers in DoD 
telephone directories, give the individuals the opportunity to refuse 
such a listing. Excuse the individual from paying any additional cost 
that may be associated with maintaining an unlisted number for 
government-owned telephone services if the individual requests his or 
her number not be listed in the directory under this part.
  (5) Do not sell or rent lists of individual names and addresses unless 
such action is specifically authorized.
  (e) Disclosures for established routine uses. (1) Records may be 
disclosed outside the Department of Defense without consent of the 
individual to whom they pertain for an established routine use.
  (2) A routine use shall:
  (i) Be compatible with and related to the purpose for which the record 
was compiled;
  (ii) Identify the persons or organizations to whom the record may be 
released;
  (iii) Identify specifically the uses to which the information may be 
put by the receiving agency; and
  (iv) Have been published previously in the Federal Register (see 
paragraph (i) of Sec. 310.62, subpart G of this part).
  (3) Establish a routine use for each user of the information outside 
the Department of Defense who need official access to the records.
  (4) Routine uses may be established, discontinued, or amended without 
the consent of the individuals involved. However, new or changed routine 
uses must be published in the Federal Register at least 30 days before 
actually disclosing any records under their provisions (see subpart G of 
this part).
  (5) In addition to the routine uses established by the individual 
system notices, common blanket routine uses for all DoD-maintained 
systems of records have been established (see appendix C). These blanket 
routine uses are published only at the beginning of the listing of 
system notices for each Component in the Federal Register (see paragraph 
(a)(1) of Sec. 310.62, subpart G of this part). Unless a system notice 
specifically excludes a system from a given blanket routine use, all 
blanket routine uses apply.
  (6) If the recipient has not been identified in the Federal Register 
or a use to which the recipient intends to put the record has not been 
published in the system notice as a routine use, the written permission 
of the individual is required before release or use of the record for 
that purpose.
  (f) Disclosures to the Bureau of the Census. Records in DoD systems of 
records may be disclosed without the consent of the individuals to whom 
they pertain to the Bureau of the Census for purposes of planning or 
carrying out a census survey or related activities pursuant to the 
provisions of 13 U.S.C., section 8.
  (g) Disclosures for statistical research and reporting. (1) Records 
may be disclosed for statistical research and reporting without the 
consent of the individuals to whom they pertain. Before such disclosures 
the recipient must provide advance written assurance that:
  (i) The records will be used as statistical research or reporting 
records;
  (ii) The records will only be transferred in a form that is not 
individually identifiable; and
  (iii) The records will not be used, in whole or in part, to make any 
determination about the rights, benefits, or entitlements of specific 
individuals.
  (2) A disclosure accounting (see paragraph (a) of Sec. 310.44 of this 
part) is not required when information that is not identifiable 
individually is released for statistical research or reporting.
  (h) Disclosures to the National Archives and Records Administration 
(NARA) General Services Administration. (1) Records may be disclosed 
without the consent of the individual to whom they pertain to the NARA 
if they:
  (i) Have historical or other value to warrant continued preservation; 
or
  (ii) For evaluation by the NARA to determine if a record has such 
historical or other value.
  (2) Records transferred to a Federal Records Center (FRC) for 
safekeeping and storage do not fall within this category. These remain 
under the control of the transferring Component, and the FRC personnel 
are considered agents of the Component which retains control over the 
records. No disclosure accounting is required for the transfer of 
records to the FRCs.
  (i) Disclosures for law enforcement purposes. (1) Records may be 
disclosed without the consent of the individual to whom they pertain to 
another agency or an instrumentality of any governmental jurisdiction 
within or under the control of the United States for a civil or criminal 
law enforcement activity, provided:
  (i) The civil or criminal law enforcement activity is authorized by 
law;
  (ii) The head of the law enforcement activity or a designee has made a 
written request specifying the particular records desired and the law 
enforcement purpose (such as criminal investigations, enforcement of a 
civil law, or a similar purpose) for which the record is sought; and
  (iii) There is no federal statute that prohibits the disclosure of the 
records.
  (2) Normally, blanket requests for access to any and all records 
pertaining to an individual are not honored.
  (3) When a record is released to a law enforcement activity under 
paragraph (i)(1) of this section, maintain a disclosure accounting. This 
disclosure accounting shall not be made available to the individual to 
whom the record pertains if the law enforcement activity requests that 
the disclosure not be released.
  (4) The blanket routine use for Law Enforcement (appendix C, section 
A.) applies to all DoD Component systems notices (see paragraph (e)(5) 
of this section). Only by including this routine use can a Component, on 
its own initiative, report indications of violations of law found in a 
system of records to a law enforcement activity without the consent of 
the individual to whom the record pertains (see paragraph (i)(1) of this 
section when responding to requests from law enforcement activities).
  (j) Emergency disclosures. (1) Records may be disclosed without the 
consent of the individual to whom they pertain if disclosure is made 
under compelling circumstances affecting the health or safety of any 
individual. The affected individual need not be the subject of the 
record disclosed.
  (2) When such a disclosure is made, notify the individual who is the 
subject of the record. Notification sent to the last known address of 
the individual as reflected in the records is sufficient.
  (3) The specific data to be disclosed is at the discretion of 
releasing authority.
  (4) Emergency medical information may be released by telephone.
  (k) Disclosures to Congress and the General Accounting Office. (1) 
Records may be disclosed without the consent of the individual to whom 
they pertain to either House of the Congress or to any committee, joint 
committee or subcommittee of Congress if the release pertains to a 
matter within the jurisdiction of the committee. Records may also be 
disclosed to the General Accounting Office (GAO) in the course of the 
activities of GAO.
  (2) The blanket routine use for ``Congressional Inquiries'' (see 
Appendix C, section D.) applies to all systems; therefore, there is no 
need to verify that the individual has authorized the release of his or 
her record to a congressional member when responding to a congressional 
constituent inquiry.
  (3) If necessary, accept constituent letters requesting a member of 
Congress to investigate a matter pertaining to the individual as written 
authorization to provide access to the records to the congressional 
member or his or her staff.
  (4) The verbal statement by a congressional staff member is acceptable 
to establish that a request has been received from the person to whom 
the records pertain.
  (5) If the constituent inquiry is being made on behalf of someone 
other than the individual to whom the record pertains, provide the 
congressional member only that information releasable under the Freedom 
of Information Act (5 U.S.C. 552). Advise the congressional member that 
the written consent of the individual to whom the record pertains is 
required before any additional information may be released. Do not 
contact individuals to obtain their consents for release to 
congressional members unless a congressional office specifically 
requests that this be done.
  (6) Nothing in paragraph (k)(2) of this section prohibits a Component, 
when appropriate, from providing the record directly to the individual 
and notifying the congressional office that this has been done without 
providing the record to the congressional member.
  (7) See paragraph (e) of Sec. 310.33 of this part for the policy on 
assessing fees for Members of Congress.
  (8) Make a disclosure accounting each time a record is disclosed to 
either House of Congress, to any committee, joint committee, or 
subcommittee of Congress, to any congressional member, or GAO.
  (l) Disclosures under court orders. (1) Records may be disclosed 
without the consent of the person to whom they pertain under a court 
order signed by a judge of a court of competent jurisdiction. Releases 
may also be made under the compulsory legal process of federal or state 
bodies having authority to issue such process.
  (2) When a record is disclosed under this provision, make reasonable 
efforts to notify the individual to whom the record pertains, if the 
legal process is a matter of public record.
  (3) If the process is not a matter of public record at the time it is 

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