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DPCLO Guidance

Defense Privacy Board Advisory Opinions

INFORMATION REQUESTED IN THE PUBLIC DOMAIN

DoD 5400.11–R requires giving a Privacy Act advisory statement whenever individuals are requested to supply information about themselves for a system of records; hence, the requirement is not avoided merely because the information is in the public domain or required to be disclosed under the Freedom of Information Act (FOIA). If information solicited from an individual is to be placed in a system of records, an advisory statement is necessary, regardless of whether the same information is in the public domain or would be disclosed under the FOIA.