ience of the individual or the individual's family; the passage of time since the event which is the topic of the record (e.g., to disclose that an individual has been arrested and is being held for trial by court-martial is normally permitted, while to disclose an arrest which did not result in conviction might not be permitted after the passage of time); and the degree to which the information is already in the public domain or is already known by the particular requester. Examples of information pertaining to civilian personnel, which are normally released without an unwarranted invasion of privacy are: name, present and past grades, present and past position titles, present and past salaries, present and past duty stations, and office or duty telephone numbers. Disclosure of other personal information pertaining to civilian employees shall be made in accordance with 5 CFR Part 297, and the Federal Personnel Manual. Determinations as to disclosure of personal information regarding military personnel shall be made using the same balancing test as explained above. The following are examples of information concerning military personnel, which can normally be released without the consent of the individual upon request, as they are a matter of public record: name, rank, date of rank, gross salary, present and past duty assignments, future assignments which are officially established, office or duty telephone numbers, source of commission, promotion sequence number, awards and decorations, attendance at professional military schools (major area of study, school, year of education, and degree), and duty status at any given time. When the information sought relates to a list of members who are attached to a unit located in foreign territory, routinely deployable, or engaged in sensitive operations, the policy set forth in paragraph (b)(2)(vi) of this section shall be applied. In instances where the duty address or phone number of a specifically named member who is attached to such a unit is sought, the concerns underlying the policy involved when releasing such information as to a list of members should be weighed along with the

other considerations required in the case of all other members.

(i) Disclosure of home addresses and home telephone numbers without permission shall normally be considered a clearly unwarranted invasion of personal privacy. Accordingly, disclosure pursuant to 5 U.S.C. 552 is normally prohibited. Requests for home addresses (includes barracks and Government-provided quarters) may be referred to the last known address of the individual for reply at the person's discretion. In such cases, requesters will be notified accordingly.

(ii) Disclosure is permitted pursuant to the balancing test when circumstances of a case weigh in favor of disclosure. Disclosure of home address to individuals for the purpose of initiating court proceedings for the collection of alimony or child support, and to state and local tax authorities for the purpose of enforcing tax laws, are examples of circumstances where disclosure could be appropriate. However, care must be taken prior to release to ensure that a written record is prepared to document the reasons for the release determination.

(iii) Lists or compilations of names and home addresses, or single home addresses will not be disclosed without the consent of the individual involved, to the public including, but not limited to, individual Members of Congress, creditors, and commercial and financial institutions. Requests for home addresses may be referred to the last known address of the individual for reply at the individual's discretion and the requester will be notified accordingly. This prohibition may be waived when circumstances of a case indicate compelling and overriding interests of the individual involved.

(iv) An individual shall be given the opportunity to elect not to have his/ her home address and telephone number listed in a Navy activity telephone directory. The individual shall also be excused from paying additional costs that may be involved in maintaining an unlisted number for Government-owned telephone service if the individual complies with regulations providing for such unlisted numbers. However, the exclusion of a home address and telephone number

No

(b) Conditions of disclosure. record contained in a system of records shall be disclosed, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record falls within one of the exceptions. Where the record subject is mentally incompetent, insane, or deceased, no medical record shall be disclosed except pursuant to a written request by, or with the prior written request of, the record subject's next of kin or legal representative, unless disclosure of the record falls within one of the exceptions. Disclosure to third parties on the basis of the written consent or request of the individual is permitted, but not required, by 32 CFR Part 701, Subparts F and G.

(1) Intra-agency. Disclosure may be made to personnel of the Department of the Navy or other components of the Department of Defense (DOD) (including private contractor personnel who are engaged to perform services needed in connection with the operation of a system of records for a DOD component), who have a need for the record in the performance of their duties, provided this use is compatible with the purpose for which the record is maintained. This provision is based on the "need to know" concept.

(i) This may include, for example, disclosure to personnel managers, review boards, discipline officers, courts-martial personnel, medical officers, investigating officers, and representatives of the Judge Advocate General, Auditor General, Naval Inspector General, or the Naval Investigative Service, who require the information in order to discharge their official duties. Examples of personnel outside the Navy who may be included are: Personnel of the Joint Chiefs of Staff, Armed Forces Entrance and Examining Stations, Defense Investigative Service, or the other military departments, who require the information in order to discharge an official duty.

(ii) It may also include the transfer of records between Naval components and non-DOD agencies in connection with the Personnel Exchange Program (PEP) and interagency support agreements. Disclosure accountings are not

required for intraagency disclosure and disclosures made in connection with interagency support agreements or the PEP. Although some disclosures authorized by paragraph (b) of this section might also meet the criteria for disclosure under other exceptions specified in paragraphs (b) (2) through (12) of this section, they should be treated under paragraph (b)(1) of this section for disclosure accounting purposes.

(2) Freedom of Information Act. Disclosure may be made of those records, or information obtained from records, required to be released under the provisions of 5 U.S.C. 552 and 32 CFR Subparts A through D. Disclosure accountings are not required when information is disclosed under the Freedom of Information Act. That act has the general effect of requiring the release of any record which does not fall within one of the nine exemptions specified in Subpart

A, § 701.5(b)(4)(ii), including an exemption for records which, if disclosed, would result in a clearly unwarranted invasion of the personal privacy of an individual. The phrase "clearly unwarranted invasion of personal privacy" states a policy which balances the interest of individuals in protecting their personal affairs from public scrutiny against the interest of the public having available information relating to the affairs of government. The interests of the recipient or of society must be weighed against the degree of the invasion of privacy. Numerous factors must be considered such as: The nature of the information to be disclosed (i.e., Do individuals normally have an expectation of privacy in the type of information to be disclosed?); importance of the public interest served by the disclosure and probability of further disclosure which may result in an unwarranted invasion of privacy; relationship of the requester to the public interest being served; newsworthiness of the individual to whom the information pertains (e.g., high ranking officer, public figure); degree of sensitivity of the information from the standpoint of the individual or the individual's family, and its potential for being misused to the harm, embarrassment, or inconven

ience of the individual or the individual's family; the passage of time since the event which is the topic of the record (e.g., to disclose that an individual has been arrested and is being held for trial by court-martial is normally permitted, while to disclose an arrest which did not result in conviction might not be permitted after the passage of time); and the degree to which the information is already in the public domain or is already known by the particular requester. Examples of information pertaining to civilian personnel, which are normally released without an unwarranted invasion of privacy are: name, present and past grades, present and past position titles, present and past salaries, present and past duty stations, and office or duty telephone numbers. Disclosure of other personal information pertaining to civilian employees shall be made in accordance with 5 CFR Part 297, and the Federal Personnel Manual. Determinations as to disclosure of personal information regarding military personnel shall be made using the same balancing test as explained above. The following are examples of information concerning military personnel, which can normally be released without the consent of the individual upon request, as they are a matter of public record: name, rank, date of rank, gross salary, present and past duty assignments, future assignments which are officially established, office or duty telephone numbers, source of commission, promotion sequence number, awards and decorations, attendance at professional military schools (major area of study, school, year of education, and degree), and duty status at any given time. When the information sought relates to a list of members who are attached to a unit located in foreign territory, routinely deployable, or engaged in sensitive operations, the policy set forth in paragraph (b)(2)(vi) of this section shall be applied. In instances where the duty address or phone number of a specifically named member who is attached to such a unit is sought, the concerns underlying the policy involved when releasing such information as to a list of members should be weighed along with the

other considerations required in the case of all other members.

(i) Disclosure of home addresses and home telephone numbers without permission shall normally be considered a clearly unwarranted invasion of personal privacy. Accordingly, disclosure pursuant to 5 U.S.C. 552 is normally prohibited. Requests for home addresses (includes barracks and Government-provided quarters) may be referred to the last known address of the individual for reply at the person's discretion. In such cases, requesters will be notified accordingly.

(ii) Disclosure is permitted pursuant to the balancing test when circumstances of a case weigh in favor of disclosure. Disclosure of home address to individuals for the purpose of initiating court proceedings for the collection of alimony or child support, and to state and local tax authorities for the purpose of enforcing tax laws, are examples of circumstances where disclosure could be appropriate. However, care must be taken prior to release to ensure that a written record is prepared to document the reasons for the release determination.

(iii) Lists or compilations of names and home addresses, or single home addresses will not be disclosed without the consent of the individual involved, to the public including, but not limited to, individual Members of Congress, creditors, and commercial and financial institutions. Requests for home addresses may be referred to the last known address of the individual for reply at the individual's discretion and the requester will be notified accordingly. This prohibition may be waived when circumstances of a case indicate compelling and overriding interests of the individual involved.

(iv) An individual shall be given the opportunity to elect not to have his/ her home address and telephone number listed in a Navy activity telephone directory. The individual shall also be excused from paying additional costs that may be involved in maintaining an unlisted number for Government-owned telephone service if the individual complies with regulations providing for such unlisted numbers. However, the exclusion of a home address and telephone number

from a Navy activity telephone directory does not apply to the mandatory listing of such information on a command's recall roster.

(v) Information regarding nonjudicial punishment normally will not be released in response to Freedom of Information Act requests. However, the usual balancing of interests must be done. It is possible that in a particular case, information regarding nonjudicial punishment should be disclosed pursuant to an FOIA request, i.e., the facts leading to a nonjudicial punishment are particularly newsworthy or the case involves a senior official abusing the public trust through office-related misconduct, such as embezzlement.

(NOTE: Announcement of nonjudicial punishment dispositions under JAGMAN, subsection 0107, is a proper exercise of command authority and not a release of information under 32 CFR Part 701, Subparts A through D or 32 CFR Part 701, Subparts F and G.)

(vi) Unclassified information about service members may be withheld when disclosure "would constitute a clearly unwarranted invasion of personal privacy" under 5 U.S.C. 552 (exemption (b)(6) applies). Disclosure of lists of names and duty addresses or duty telephone numbers of members assigned to units that are stationed in foreign territories, routinely deployable, or sensitive can constitute a clearly unwarranted invasion of personal privacy. Disclosure of such information poses a security threat to those service members because it reveals information about their degree of involvement in military actions in support of national policy, the type of naval unit to which they are attached, and their presence or absence from their households. Release of such information aids the targeting of service members and their families by terrorists or other persons opposed to implementation of national policy. Only an extraordinary public interest in disclosure of this information can outweigh the need and responsibility of the Navy to protect the tranquility and safety of service members and their families who repeatedly have been subjected to harassment, threats and

physical injury. Units covered by this policy are:

(A) Those located outside the 50 states, District of Columbia, Commonwealth of Puerto Rico, Guam, U.S. Virgin Islands and American Samoa.

(B) Routinely deployable units. Those units forming the core of the operating forces, i.e., organized, equipped and specifically tasked to participate directly in strategic or tactical operations. As such, they normally deploy from home port or permanent station on a periodic or rotating basis to meet operational requirements or participate in scheduled exercises. For the Marine Corps, this includes all Fleet Marine Forces. For the Navy, this includes routinely deployable ships, aviation squadrons and operational staffs. It does not include ships undergoing yard work or whose primary mission is support or training, e.g., yard craft and auxiliary aircraft landing training ships.

(C) Units engaged in sensitive operations. Those primarily involved in the conduct of covert, clandestine or classified missions, including units primarily involved in collecting, handling, disposing or storing of classified information and materials. This also includes units engaged in training or advising foreign personnel. Examples of units covered by this exception are SEAL Teams, Security Group Commands, Weapons Stations, and Communication Stations. Exception to this policy must be coordinated with the Chief of Naval Operations (OP-09B30) or the Commandant of the Marine Corps (MPI-60) prior to responding to requesters, including all requests for this type of information from Members of Congress. See paragraph (b)(2) of this section regarding requests for duty telephone numbers or addresses of named service members with overseas, routinely deployable, or sensitive units.

(vii) Disclosure of addresses of Navy civilian employees is governed by Office of Personnel Management regulations.

(3) Routine use. Disclosure may be made for a "routine use" (as defined in § 701.103(k)) that is compatible with the purpose for which the record is collected and listed as a routine use in

the applicable record system notice published in the FEDERAL REGISTER. Routine use encompases the specific ways or processes in which the information is used, including the persons or organizations to whom the record may be disclosed, even if such use occurs infrequently. In addition to the routine uses established by the Department of the Navy for each system of records, common blanket routine uses, applicable to all record systems maintained within the Department of the Navy, have been established. See § 701.116. In the interest of simplicity and economy, these blanket routine uses are published only once at the beginning of the Department of the Navy's FEDERAL REGISTER compilation of record systems notices rather than in each system notice. Disclosure accountings are required for all disclosures made pursuant to a routine use. Disclosures from a record maintained by the Navy to officers and employees of Department of Defense who have a need for information, and disclosure from such records made pursuant to a Freedom of Information Act request, are not "routine use" disclosures, and

no

disclosure accountings need be made for them.

(4) Bureau of the Census. Disclosure may be made to the Bureau of the Census for purpose of planning or carrying out a census of survey or related activity authorized by law. Disclosure accountings are required for disclosures made to the Bureau of the Census.

(5) Statistical research or reporting. Disclosure may be made to a recipient who has provided adequate written assurance that the record will be used solely as a statistical research or reporting record, provided the record is transferred in a form that is not individually identifiable (i.e., the identity of the individual cannot be deduced by tabulation or other methodology). The written request must state the purpose of the request, and will be made a part of the activity's accounting for the disclosure. When activities publish gross statistics concerning a population in a system of records (e.g., statistics on employer turnover rates, military reenlistment rates, and sick leave usage rates), these are not considered disclo

sures of records and accountings are not required.

(6) National Archives. Disclosure may be made to the National Archives when the record has sufficient historical or other value to warrant continued preservation by the U.S. Government, or for evaluation by the Administrator of General Services or his/her designee to determine whether the record has such value. (Records transferred to a federal records center for storage or safekeeping do not fall under this provision. Such transfers are not considered disclosures under this Act, since the records remain under the control of the transferring element. Therefore, disclosure accounting is not required for transfers of records to federal records centers.) Disclosure accountings are required for disclosures made to the National Archives.

(7) Civil or criminal law enforcement activity. Disclosure may be made to another agency or instrumentality of any government jurisdiction within or under the control of the United States, for a civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the activity which mantains the record, specifying the particular record desired and the law enforcement purpose for which the record is sought. The head of the agency or instrumentality may have delegated authority to request records to other officials. Requests by these designated officials shall be honored if they provide satisfactory evidence of their authorization to request records. Blanket requests for all records pertaining to an individual shall not be honored. A record may also be disclosed to a law enforcement activity, provided that such disclosure has been established as a "routine use" in the published record system notice. Disclosure to foreign law enforcement agencies is not governed by the provisions of 5 U.S.C. 552a and this section, but may be made only pursuant to established "blanket routine uses" contained in § 701.116, pursuant to an established "routine use" published in the individual record system notice, or pursuant to other governing author