Department of the Navy (Navy and Marine Corps)

NM05720-1

SYSTEM NAME:

FOIA Request/Appeal Files and Tracking System  (June 13, 2013,  78 FR 35610)

SYSTEM LOCATION:

Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is published as an appendix to the Navy's compilation of system of records notices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who request access to information under the provisions of the Freedom of Information Act (FOIA) or make an appeal under the FOIA.

CATEGORIES OF RECORDS IN THE SYSTEM:

FOIA request/appeal, copies of responsive records (redacted and released), correspondence generated as a result of the request, cost forms, memoranda, legal opinions, messages, and miscellaneous documents which relate to the request. Database used to track requests from start to finish and formulate response letters may contain name, Social Security Number (SSN), business or company name, home and/or work address, home and/or work phone number, fax number, home and/or work email address, year of request/appeal filed; serial number of response letter; case file number and/or caseworker. FOIA requests may contain unsolicited personal information.

Collection of the SSN under this notice is only authorized in connection with requests for records maintained in other systems of records that require that information and which have obtained authorization for the collection and maintenance of the SSN.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 552, the Freedom of Information Act, as amended; 10 U.S.C. 5013, Secretary of the Navy; 10 U.S.C. 5041, Headquarters, Marine Corps; Secretary of the Navy Instruction 5720.42F, Department of the Navy Freedom of Information Act Program; and E.O. 9397 (SSN), as amended.

PURPOSE(S):

To track, process, and coordinate requests/appeals/litigation made under the provisions of the FOIA. To provide responses to requests, including requests for access to information regarding FOIA requests and/or what is being requested under the provisions of the FOIA. To compile data for FOIA reporting requirements.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

The DoD Blanket Routine Uses set forth at the beginning of the Navy's compilation of system of records notices may apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:


STORAGE:

Paper and/or electronic storage media.

RETRIEVABILITY:

Name; year of request/appeal filed; serial number of response letter; case file number and/or caseworker.

SAFEGUARDS:

Records are accessed by custodian of the record system and by persons responsible for servicing the record system in performance of their official duties. Records are stored in cabinets or rooms, which are not viewable by individuals who do not have a need to know. Computerized databases are password protected and only accessed by individuals who have a need to know. System software uses Primary Key Infrastructure (PKI)/Common Access Card (CAC) authentication to lock out unauthorized access.

RETENTION AND DISPOSAL:

Granted requests, no record responses, and/or responses to requesters who fail to adequately describe the records being sought or fail to state a willingness to pay processing fees are destroyed 2 years after date of reply. Requests which are denied in whole or in part, appealed, or litigated are destroyed 6 years after final action.

SYSTEM MANAGER(S) AND ADDRESS:

Head, Department of Navy Privacy/Freedom of Information Act Office, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, Washington, DC 20350-2000. Record Holders:

Organizational elements of the Department of the Navy. Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is published as an appendix to the Navy's compilation of system of records notices.

Appellate Authorities:

Office of the Judge Advocate General (Code 14), 1322 Patterson Avenue SE, Suite 3000, Building 33, Washington, Navy Yard, Washington, DC 20374-5066.

General Counsel of the Navy (FOIA), 1000 Navy Pentagon, Room 5A532, Washington, DC 20350-1000.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Freedom of Information Act coordinator, Commanding Officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is published as an appendix to the Navy's compilation of system of records notices.

The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed.

Collection of the SSN under this notice is only authorized in connection with requests for records maintained in other systems of records that require that information and which have obtained authorization for the collection and maintenance of the SSN.

The system manager may require an original signature or a notarized signature as a means of proving the identity of the individual requesting access to the records.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the Freedom of Information Act coordinator, Commanding Officer of the activity in question, or in the case of appeals to the appropriate appellate authority. Official mailing addresses are published in the Standard Navy Distribution List (SNDL) that is published as an appendix to the Navy's compilation of system of records notices.

The request should contain the full name of the individual and one or more of the following kinds of information: year request/appeal filed; serial number of response letter; and/or case file number. Requests must also be signed.

Collection of the SSN under this notice is only authorized in connection with requests for records maintained in other systems of records that require that information and which have obtained authorization for the collection and maintenance of the SSN.

The system manager may require an original signature or a notarized signature as a means of proving the identity of the individual requesting access to the records.

CONTESTING RECORD PROCEDURES:

The Department of the Navy's rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Secretary of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

From the individual, Navy organizations, Department of Defense components, and other Federal, state, and local government agencies.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those "other" systems of records are entered into the FOIA case record, the Department of the Navy hereby claims the same exemptions for the records from those "other" systems that are entered into this system, as claimed for the original primary systems of records of which they are a part.

Department of the Navy exemption rules have been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) published in 32 CFR part 701, Subpart G. For additional information contact the system manager.

FEDERAL REGISTER HISTORY:

June 13, 2013, 78 FR 35610; April 2, 2008, 73 FR 17961