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DPCLO Guidance

Defense Privacy Board Advisory Opinions

A ROUTINE USE IS NOT REQUIRED FOR DISCLOSURE OF DEPARTMENT OF DEFENSE RECORDS TO THE NATIONAL ARCHIVES AND RECORDS ADMINISTRATION AND TO THE GENERAL SERVICES ADMINISTRATION

The Federal Records Act of 1950, as amended by the National Archives and Records Administration Act of 1984, Pub. L. 98–497, implemented by 36 C.F.R. Ch. XII and 41 C.F.R. Ch. 201, does not require a routine use notice for disclosure from Department of Defense (DoD) records systems. Such disclosures fall into three categories.

• Records warranting permanent preservation for their historical or other value may be disclosed to the Archivist of the United States, or his representative, under the Privacy Act. See 5 U.S.C. § 552a(b)(6). Ownership of such records also may be transferred to the National Archives and Records Administration (NARA).
• Records may be transferred to the various Federal Records Centers operated by NARA for temporary storage under the Privacy Act since such records continue to be maintained by the agency. See 5 U.S.C. § 552a(b)(1).
• Records may be disclosed to the Archivist of the United States or the Administrator, General Services Administration, or their designees, to carry out records management inspections required by law. Such disclosures are authorized by the National Archives and Records Act of 1984. See 44 U.S.C. § 2904 and § 2906, as amended.