Code of Federal Regulations (alpha)

CFR /  Title 32  /  Part 701  /  Sec. 701.121 Processing ``routine use'' disclosures.

(a) ``Routine use'' disclosure. Individuals or organizations may seek a ``routine use'' disclosure of information from a DON PA system of records if the system provides for such a disclosure.

(1) The request must be in writing and state that it is being made under a ``routine use'' established by a specific PA system of records notice. For example: ``Under the ``routine use'' provisions of PA systems notice N05880-1, Security Incident System, that allows release of information to individuals involved in base incidents, their insurance companies, and/or attorneys for the purpose of adjudicating a claim, I am seeking access to a copy of my vehicle accident report to submit a claim to my insurance company. Information needed to locate this record is as follows * * *.''

(2) The individual is provided information needed to adjudicate the claim. A release authority may sign the response letter since a release of responsive information is being disclosed under a ``routine use,'' there is no ``denial'' of information (i.e., PA/FOIA exemptions do not apply), and no appeal rights cited.

(3) DON activities shall retain a copy of the request and maintain a disclosure accounting of the information released. (See Sec. 701.111.)

(b) Failure to cite to a ``routine use.'' Individuals or organizations that seek access to information contained in a DON PA system of records under PA/FOIA, but who have access under a ``routine use'' cited in the systems notice, shall be apprised of the ``routine use'' access and offered the opportunity to resubmit a ``routine use'' request, rather than having information denied under PA/FOIA. DON activities shall not make a ``routine use'' disclosure without having a ``routine use'' request.

(c) Frequent ``routine use'' requests. DON activities (e.g., security and military police offices) that routinely receive requests for information for which a ``routine use'' has been established should offer a ``routine use'' request form. This will eliminate the unnecessary burden of processing requests under PA/FOIA when the limited information being sought is available under a ``routine use.''