Office of the Secretary, DoD/Joint Staff

DCMO 02

SYSTEM NAME:

Civil Liberties Program Case Management System  (February 11, 2016,  81 FR 7327)

SYSTEM LOCATION:

Defense Privacy and Civil Liberties Office, Office of the Deputy Chief Management Officer, Department of Defense, 9010 Defense Pentagon, Washington, DC 20301-9010. Records are maintained by offices within the Office of the Secretary of Defense (OSD) and Joint Staff (JS). For a complete list of these offices contact the system manager.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who submit allegations of civil liberties violations by the DoD, its civilian employees, members of the Military Services, DoD contractors, or others acting under the authority of the DoD. Individuals alleged and/or identified to be involved in civil liberties violations.

CATEGORIES OF RECORDS IN THE SYSTEM:

May include full names, home or work addresses, home or work telephone numbers, e-mail addresses, Military Service or DoD component involved, and case number. Also contains complaints, comments, inquiries, investigative notes and memoranda, correspondence, supporting documents, material, and reports relating to the allegation, investigation, or redress of alleged civil liberties violations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 113, Secretary of Defense; 42 U.S.C. 2000ee-1, Privacy and Civil Liberties Officers; and DoD Instruction 1000.29, DoD Civil Liberties Program.

PURPOSE(S):

To receive, log and track the processing of allegations of civil liberties violations by the DoD, its civilian employees, members of the Military Services, DoD contractors, or others acting under the authority of the DoD and document the review, investigation, and redress provided. Records may also be used as a management tool for statistical analysis, tracking, reporting, evaluating program effectiveness and conducting research.

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, the records contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

Disclosure to the Office of Personnel Management Routine Use:
A record from a system of records subject to the Privacy Act and maintained by a DoD Component may be disclosed to the Office of Personnel Management (OPM) concerning information on pay and leave, benefits, retirement deduction, and any other information necessary for the OPM to carry out its legally authorized government-wide personnel management functions and studies.

Disclosure to the Department of Justice for Litigation Routine Use:
A record from a system of records maintained by a DoD Component may be disclosed as a routine use to any component of the Department of Justice for the purpose of representing the Department of Defense, or any officer, employee or member of the Department in pending or potential litigation to which the record is pertinent.

Disclosure of Information to the National Archives and Records Administration Routine Use:
A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

Data Breach Remediation Purposes Routine Use:
A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense (OSD) compilation of systems of records notices may apply to this system. The complete list of DoD Blanket Routine Uses can be found Online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx

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


STORAGE:

Data will be stored on paper and on electronic storage media.

RETRIEVABILITY:

Individuals submitting allegations or complaints: by full name, home or work address, home or work telephone numbers, e-mail addresses, Military Service or DoD component involved. Individuals alleged and/or identified to be involved in civil liberties violations: by name and DoD component involved.

SAFEGUARDS:

Records are stored in secure facilities that are locked when not attended. Electronic records are password-protected and common access card (CAC) enabled. All personnel with access receive Privacy Act and Information Assurance training prior to gaining initial access and annually thereafter.

RETENTION AND DISPOSAL:

Disposition pending (until the National Archives and Records Administration approves the retention and disposition of these records, treat as permanent).

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Defense Privacy and Civil Liberties Division, Office of the Deputy Chief Management Officer, Department of Defense, 9010 Defense Pentagon, Washington, DC 20301-9010.

NOTIFICATION PROCEDURE:

Individuals seeking to determine if information about themselves is contained in this system should address written inquiries to the Chief, Defense Privacy and Civil Liberties Division, Office of the Deputy Chief Management Officer, Department of Defense, 9010 Defense Pentagon, Washington, DC 20301-9010.

For verification purposes, the requestor should provide his/her full name, home or work address, home or work telephone number, email addresses, Military Service or DoD component involved, and case number.

RECORD ACCESS PROCEDURES:

Individuals seeking access to information about themselves contained in this system should address written inquiries to the Office of the Secretary of Defense/Joint Staff Freedom of Information Act Requester Service Center, 1155 Defense Pentagon, Washington, DC 20301-1155.

Signed, written requests should include full names, home or work addresses, home or work telephone number, email address, Military Service or DoD component involved and case number, and the name and number of this system of records.

CONTESTING RECORD PROCEDURES:

The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

The individual, investigators, and civil liberties staff members.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Records contained in this System of Records may be exempted from the requirements of subsections (c)(3); (d)(1), (2), (3), and (4); (e)(1) and (e)(4)(G), (H), and (I); and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1). Records may be exempted from these subsections or, additionally, from the requirements of subsections (c)(4); (e)(2), (3), and (8) of the Privacy Act of 1974 consistent with any exemptions claimed under 5 U.S.C. 552a (j)(2) or (k)(1), (k)(2), or (k)(5) by the originator of the record, provided the reason for the exemption remains valid and necessary. An exemption rule for this system has been promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and is published at 32 CFR part 311.

FEDERAL REGISTER HISTORY:

February 11, 2016, 81 FR 7327; October 3, 2013, 78 FR 61345; January 19, 2011, 76 FR 3099;