[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12345-12350]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD-2018-OS-0012]
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Notice of a modified system of records.
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SUMMARY: The Office of the Secretary of Defense proposes to modify a
system of records, DUSDI 01-DoD, entitled the ``Department of Defense
(DoD) Insider Threat Management and Analysis Center (DITMAC) and DoD
Component Insider Threat Records System.'' This system enables DoD to
implement the requirements of an Executive Order published on October
7, 2011, and the National Insider Threat Policy and Minimum Standards
for Executive Branch Insider Threat Programs published on November 21,
2012. The system is used to analyze, monitor, and audit insider threat
information for insider threat detection and mitigation within DoD on
threats that insiders may pose to DoD and U.S. Government
installations, facilities, personnel, missions, or resources. The
system supports the DITMAC and DoD Component insider threat programs,
enables the identification of systemic insider threat issues and
challenges, provides a basis for the development and recommendation of
solutions to mitigate potential insider threats, and assists in
identifying best practices amongst other Federal Government insider
threat programs.
DATES: Comments will be accepted on or before April 20, 2018. This
proposed action will be effective the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments, identified by docket number and
title, by any of the following methods:
* Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
* Mail: Department of Defense, Office of the Chief Management
Officer, Directorate for Oversight and Compliance, 4800 Mark Center
Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at http://www.regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Dr. Brad Millick, Director, DoD
Insider Threat Program, Office of the Under Secretary of Defense for
Intelligence, 5000 Defense Pentagon, Washington, DC 20301-5000 or by
phone at (703) 692-3721.
SUPPLEMENTARY INFORMATION: E.O. 13587 directs the implementation of a
Department-wide insider threat detection and prevention program. The
DoD Insider Threat Program is decentralized to enable DoD component
insider threat programs and the DITMAC to analyze, monitor, and audit
threat information for insider threat detection and mitigation within
DoD. The Program deters insider activity that endangers DoD and U.S.
Government installations, facilities, personnel, missions, or
resources.
Section 951 of the National Defense Authorization Act for Fiscal
Year 2017 (NDAA for FY17) expanded the definition of an insider threat
to anyone who has, or once had, authorized access to information, a
facility, a network, a person, or a resource of the Department. In
keeping with this expansion, the Department is taking a measured
approach and expanding the ability of its Component insider threat
programs and the DITMAC to store inside threat related information on
those personnel with a DoD Common Access Card (CAC). This expansion
strengthens the intent of E.O. 13587 and maintains a responsive posture
to the NDAA for FY17.
This modification to the system of records enables the Department
to comply with E.O. 13587 by expanding the population to include
personnel who have been issued an active DoD CAC to authenticate
physical access to DoD installations or logical access to DoD
controlled information systems.
This revision leverages existing federal laws, statutes,
authorities, policies, programs, systems,
[[Page 12346]]
architectures and resources in order to counter the threat of those
insiders who may use their authorized access to compromise or degrade
the operations of the Department. The Department and its insider threat
programs employ risk management principles, tailored to meet the
distinct needs, mission, and systems of its agencies, and include
appropriate protections for privacy, civil rights, and civil liberties.
The change captures this large community of persons in a phased and
reasonable manner, by enabling the DoD population to include those with
CACs in addition to those who have or are granted eligibility for
access to classified information or eligibility to hold a sensitive
position
The Office of the Secretary of Defense notices for systems of
records subject to the Privacy Act of 1974, as amended, have been
published in the Federal Register and are available from the address in
FOR FURTHER INFORMATION CONTACT or at the Defense Privacy, Civil
Liberties, and Transparency Division website at http://dpcld.defense.gov/.
The proposed systems reports, as required by of the Privacy Act, as
amended, were submitted on November 17, 2017, to the House Committee on
Oversight and Government Reform, the Senate Committee on Homeland
Security and Governmental Affairs, and the Office of Management and
Budget (OMB) pursuant to Section 6 to OMB Circular No. A-108, ``Federal
Agency Responsibilities for Review, Reporting, and Publication under
the Privacy Act,'' revised December 23, 2016 (December 23, 2016, 81 FR
94424).
Dated: March 16, 2018.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER
Department of Defense (DoD) Insider Threat Management and Analysis
Center (DITMAC) and DoD Component Insider Threat Records System, DUSDI
01-DoD.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Primary location: Defense Security Service (DSS), 27130 Telegraph
Rd., Quantico, VA 22134-2253. Secondary and Decentralized locations:
Each of the DoD Components including the Departments of the Army, Air
Force, and Navy and staffs, field operating agencies, major commands,
installations, and activities. Official mailing addresses are published
with each Component's compilation of systems of records notices.
SYSTEM MANAGER(S):
Mr. Charles Washington, Program Manager, Department of Defense
Insider Threat Management and Analysis Center, Defense Security
Service, 27130 Telegraph Road, Quantico, VA 22134-2253, (571) 357-6850,
dss.ncr.dss-ci.mbx.ditmac@mail.mil. DoD Components including the
Departments of the Army, Air Force, and Navy and staffs, field
operating agencies, major commands, installations, and activities.
Official mailing addresses are published as an appendix to each
Service's compilation of systems of records notices.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 137, Under Secretary of Defense for Intelligence; 44
U.S.C. 3554, Federal agency responsibilities; 44 U.S.C. 3557, National
security systems; Public Law 112-81, Section 922, National Defense
Authorization Act for Fiscal Year 2012 (NDAA for FY12), Insider Threat
Detection (10 U.S.C. 2224 note); Public Law 113-66, Section
907(c)(4)(H) (NDAA for FY14), Personnel security (10 U.S.C. 1564 note);
Public Law 114-92, Section 1086 (NDAA for FY16), Reform and improvement
of personnel security, insider threat detection and prevention, and
physical security (10 U.S.C. 1564 note); Public Law 114-328, Section
951 (NDAA for FY17) Enhanced security programs for Department of
Defense personnel and innovation initiatives (10 U.S.C. 1564 note);
E.O. 12829, as amended, National Industrial Security Program; E.O.
12968, as amended, Access to Classified Information; E.O. 13467,
Reforming Processes Related to Suitability for Government Employment,
Fitness for Contractor Employees, and Eligibility for Access to
Classified National Security Information; E.O. 9397, as amended,
Numbering System for Federal Accounts Relating to Individual Persons;
E.O. 13587, Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information; National Insider Threat Policy and Minimum Standards for
Executive Branch Insider Threat Programs; and DoD Directive 5205.16,
The DoD Insider Threat Program; DoD Instruction 5205.83, DoD Insider
Threat Management and Analysis Center (DITMAC), Directive-type
Memorandum 09-012, Interim Policy Guidance for DoD Physical Access
Control, as amended.
PURPOSE(S) OF THE SYSTEM:
The DITMAC was established by the Undersecretary of Defense for
Intelligence to consolidate and analyze insider threat information
reported by the DoD Component insider threat programs.
The DoD maintains this system of records to assist in the
management of the DoD Component insider threat programs and the DITMAC
in accordance with E.O. 13587 and Section 951 of the FY 2017 National
Defense Authorization Act (NDAA for FY17). E.O. 13587 requires Federal
agencies to establish an insider threat detection and prevention
program to ensure the security of classified networks and the
responsible sharing and safeguarding of classified information
consistent with appropriate protections for privacy and civil
liberties. Section 951 of the NDAA for FY17 requires that DoD insider
threat programs collect, store, and retain information from various
data sources, including personnel security, physical security,
information security, law enforcement, counterintelligence, user
activity monitoring, information assurance, and other appropriate data
sources to detect and mitigate potential insider threats.
Insider threats can contribute damage to the United States through
espionage, terrorism, unauthorized disclosure of national security
information, including protected and sensitive information, or through
the loss or degradation of departmental resources or capabilities. The
system will be used to analyze, monitor, and audit insider threat
information for insider threat detection and mitigation within DoD on
threats that persons who have or had been granted eligibility for
access to classified information or eligibility to hold a sensitive
position and those who have been issued an active DoD Common Access
Card (CAC) to obtain physical or logical access to a DoD installation
or controlled information system may pose to DoD and U.S. Government
installations, facilities, personnel, missions, or resources.
The system will support DoD Component insider threat programs,
enable the identification of systemic insider threat issues and
challenges, provide a basis for the development and recommendation of
solutions to deter, detect, and/or mitigate potential insider threats.
It will assist in identifying best practices among other Federal
Government insider threat programs, through the use of existing DoD
resources and functions and by leveraging existing authorities,
policies, programs, systems, and architectures.
[[Page 12347]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals are covered:
Individuals who had or have been granted eligibility for access to
classified information or eligibility to hold a sensitive position.
These individuals include active and reserve component (including
National Guard) military personnel; civilian employees (including non-
appropriated fund employees); DoD contractor personnel, and officials
or employees from Federal, state, Local, Tribal and Private Sector
entities affiliated with or working with DoD who have been granted
access to classified information by DoD based on an eligibility
determination made by DoD or by another Federal agency authorized to do
so.
Individuals or persons embedded with DoD units operating abroad who
had or have been granted eligibility for access to classified
information or eligibility to hold a sensitive positions.
Current members of the U.S. Coast Guard and mobilized retired
military personnel, when activated, who had or have been granted
eligibility for access to classified information or eligibility to hold
a sensitive positions by DoD and when operating with the military
services or DoD Components, and Limited Access Authorization grantees.
Individuals who have been issued an active DoD CAC by a DoD
Organization to authenticate physical access to DoD installations or
logical access to DoD controlled information systems.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing information can be derived from the DoD
Components and the DITMAC, to include:
Responses to information requested by official questionnaires and
applications (e.g., SF 86 Questionnaire for National Security
Positions, DD 1172-2 Application for Identification Card/DEERS
Enrollment) that include: Individual's full name, former names and
aliases; date and place of birth; Social Security Number (SSN); height
and weight; hair and eye color; gender; ethnicity and race; biometric
data; mother's maiden name; DoD identification number (DoD ID Number);
current and former home and work addresses, phone numbers, and email
addresses; employment history; military record information; branch of
Service; selective service registration record; residential history;
education history and degrees earned; names of associates and
references with their contact information; citizenship information;
passport information; driver's license information; identifying numbers
from access control passes or identification cards; alien registration
number; criminal history; civil court actions; prior personnel security
eligibility, investigative, and adjudicative information, including
information collected through continuous evaluation; mental health
history; records related to drug and/or alcohol use; financial record
information; credit reports; the name, date and place of birth, social
security number, and citizenship information for spouse or cohabitant;
the name and marriage information for current and former spouse(s); the
citizenship, name, date and place of birth, and address for relatives.
Information on foreign contacts and activities; association
records; information on loyalty to the United States; and other agency
reports furnished to DoD or collected by DoD in connection with
personnel security investigations, continuous evaluation for
eligibility for access to classified information, and insider threat
detection programs operated by DoD Components pursuant to Federal laws
and Executive Orders and DoD regulations. These records can include,
but are not limited to: Reports of personnel security investigations
completed by investigative service providers (such as the Office of
Personnel Management).
Polygraph examination reports; nondisclosure agreements; document
control registries; courier authorization requests; derivative
classification unique identifiers; requests for access to sensitive
compartmented information (SCI); facility access records; security
violation files; travel records; foreign contact reports; briefing and
debriefing statements for special programs, positions designated as
sensitive, other information and documents required in connection with
personnel security adjudications; and financial disclosure filings.
DoD Component information, summaries or reports, and full reports,
about potential insider threats from:
Payroll information, travel vouchers, benefits information, credit
reports, equal employment opportunity complaints, performance
evaluations, disciplinary files, training records, substance abuse and
mental health records of individuals undergoing law enforcement action
or presenting an identifiable imminent threat, counseling statements,
outside work and activities requests, and personal contact records;
Particularly sensitive or protected information, including
information held by special access programs, law enforcement, inspector
general, or other investigative sources or programs. Access to such
information may require additional approval by the senior DoD official
who is responsible for managing and overseeing the program;
Reports of investigation regarding security violations, including
but not limited to: Statements, declarations, affidavits and
correspondence; incident reports; investigative records of a criminal,
civil or administrative nature; letters, emails, memoranda, and
reports; exhibits and evidence; and, recommended remedial or corrective
actions for security violations;
Information containing personnel user names and aliases, levels of
network access, audit data, information regarding misuse of a DoD
device, information regarding unauthorized use of removable media, and
logs of printer, copier, and facsimile machine use;
Information collected through user activity monitoring, which is
the technical capability to observe and record the actions and
activities of all users, at any time, on a computer network controlled
by DoD or a component thereof in order to deter, detect, and/or
mitigate insider threats as well as to support authorized
investigations. Such information may include key strokes, screen
captures, and content transmitted via email, chat, or data import or
export. DoD Component summaries of reports, and full reports, about
potential insider threats from records of usage of government telephone
systems, including the telephone number initiating the call, the
telephone number receiving the call, and the date and time of the call;
Information obtained from other Federal Government sources, such as
information regarding U.S. border crossings and financial information
obtained from the Financial Crimes Enforcement Network;
Information specific to the management and operation of each DoD
Component insider threat program, including information related to
investigative or analytical efforts by DoD insider threat program
personnel to identify threats to DoD personnel, property, facilities,
and information, and information obtained from Intelligence Community
members, the Federal Bureau of Investigation, or from other agencies or
organizations about individuals known or suspected of being engaged in
conduct constituting, preparing for, aiding, or relating to an insider
threat, including but not limited to espionage or unauthorized
disclosure of classified national security information;
[[Page 12348]]
Publicly available information, such as information regarding:
Arrests and detentions; real property; bankruptcy; liens or holds on
property; vehicles; licensure (including professional and pilot's
licenses, firearms and explosive permits); business licenses and
filings;
Publicly available social media information, including electronic
social media information that has been published or broadcast for
public consumption, is available on request to the public, is
accessible on-line to the public, is available to the public by
subscription or purchase, or is otherwise lawfully accessible to the
public. It includes social media information generally available to
persons in a military community even though the military community is
not open to the civilian general public. Publicly available social
media information does not include information that can be accessed
only by logging into a private account of the individual about whom the
record pertains or by requiring the individual to provide a password to
social media information that is not publicly available;
Workplace performance information, including performance management
and appraisal reviews and other performance based measures. Information
collected from the DoD Defense Performance Management and Appraisal
Program, and
Information related to reports regarding harassment,
discrimination, and drug testing violations or results, including but
not limited to: Statements, declarations, affidavits and
correspondence; incident reports; investigative records of a criminal,
civil or administrative nature; letters, emails, memoranda, and
reports; exhibits and evidence; and, recommended remedial or corrective
actions.
RECORD SOURCE CATEGORIES:
Information in the system is received from the individual as they
complete official questionnaires and applications. Information is also
received from DoD Components and program offices throughout DoD and DoD
contractor databases, internal and external sources, including
counterintelligence and security databases and files; personnel
security databases and files; DoD Component human resources databases
and files; Office of the Chief Information Officer and information
assurance databases and files; information collected through user
activity monitoring; DoD telephone usage records; Federal, state,
tribal, territorial, and local law enforcement and investigatory
records; Inspector General records; available U.S. Government
intelligence and counterintelligence reporting information and analytic
products pertaining to adversarial threats; other Federal agencies; and
publicly available information, including commercially available
subscription databases containing public records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to disclosures permitted under 5 U.S.C. 552a(b) of the
Privacy Act of 1974, as amended, these records may be disclosed outside
DoD as a routine use pursuant to 5 U.S.C. 552(b)(3) as follows:
(a) To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to a requesting agency's decision concerning the hiring or
retention of an individual, or issuance of a security clearance,
license, contract, grant, delegation or designation of authority, or
other benefit, or if the information is relevant and necessary to a DoD
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant, delegation or designation of authority, or other benefit and
disclosure is appropriate to the proper performance of the official
duties of the person making the request.
(b) A record consisting of, or relating to, terrorism information,
homeland security information, counterintelligence, or law enforcement
information may be disclosed to a Federal, state, local, tribal,
territorial, foreign government, multinational agency, and to a private
sector agent either in response to its request or upon the initiative
of the DoD Component, for purposes of sharing such information as is
necessary and relevant to the agency's investigations and inquiries
related to the detection, prevention, disruption, preemption, and
mitigation of the effects of terrorist activities against the
territory, people, and interests of the United States of America as
contemplated by the Intelligence Reform and Terrorism Protection Act of
2004.
(c) To any person, organization or governmental entity (e.g., local
governments, first responders, American Red Cross, etc.), in order to
notify them of or respond to a serious and imminent terrorist or
homeland security threat or natural or manmade disaster as is necessary
and relevant for the purpose of guarding against or responding to such
threat or disaster.
(d) To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
(e) To officials and agencies of the Executive Branch of
government, federal contractors and grantees, for purposes of
conducting studies, research and analyses of insider threat programs or
issues.
(f) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government when
necessary to accomplish an agency function related to this system of
records.
(g) To designated officers and employees of Federal, State, local,
territorial or tribal, international, or foreign agencies maintaining
civil, criminal, enforcement, or other pertinent information, such as
current licenses, if necessary to obtain information relevant and
necessary to a DoD Component decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
(h) To foreign law enforcement, security, investigatory, or
administrative authorities to comply with requirements imposed by, or
to claim rights conferred in, international agreements and
arrangements, including those regulating the stationing and status in
foreign countries of DoD military and civilian personnel.
(i) To any agency, organization, or individual for the purposes of
performing audit or oversight of the DoD Insider Threat Program as
authorized by law and as necessary and relevant to such audit or
oversight functions.
(j) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(k) To third parties during the course of an investigation to the
extent necessary to obtain information pertinent to the investigation,
provided disclosure is appropriate to the proper performance of the
official duties of the individual making the disclosure.
(l) To a Federal agency or entity that may have information
relevant to an allegation or investigation or was consulted regarding
an insider threat for purposes of obtaining guidance, additional
information, or advice from
[[Page 12349]]
such Federal agency or entity regarding the handling of an insider
threat matter.
(m) To the news media or the general public, factual information
the disclosure of which would be in the public interest and which would
not constitute an unwarranted invasion of personal privacy.
(n) To a Federal, state, or local agency, or other appropriate
entities or individuals, or through established liaison channels to
selected foreign governments, in order to enable an intelligence agency
to carry out its responsibilities under the National Security Act of
1947 as amended, the Central Intelligence Act of 1949 as amended, E.O.
12333 or any successor order, applicable national security directives,
or classified implementing procedures approved by the Attorney General
and promulgated pursuant to such statutes, orders or directives.
(o) To the appropriate Federal, State, local, territorial, tribal,
foreign, or international law enforcement authority or other
appropriate entity where a record, either alone or in conjunction with
other information, indicates a violation or potential violation of law,
whether criminal, civil, or regulatory in nature.
(p) To the Department of Justice for the purpose of representing
the Department of Defense, or its components, officers, employees, or
members in pending or potential litigation to which the record is
pertinent.
(q) To appropriate agencies, entities, and persons when (1) the DoD
suspects or has confirmed that there has been a breach of the system of
records; (2) the DoD has determined that as a result of the suspected
or confirmed breach there is a risk of harm to individuals, the DoD
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the DoD's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
(r) To another Federal agency or Federal entity, when the DoD
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(s) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
(t) To the National Archives and Records Administration for the
purpose of records management inspections conducted under the authority
of 44 U.S.C. 2904 and 2906.
(u) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body or official, when the DoD or other
Agency representing the DoD determines that the records are relevant
and necessary to the proceeding; or in an appropriate proceeding before
an administrative or adjudicative body when the adjudicator determines
the records to be relevant to the proceeding.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in paper and electronic storage media, in
accordance with the safeguards mentioned below.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in this system may be retrieved by name, SSN, and/or
DoD identification number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
System records are retained and disposed of according to DoD
records maintenance and disposition schedules and the requirements of
the National Archives and Records Administration (General Records
Schedule 5.6: Security Records Transmittal No. 28 July 2017, item 210-
240).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information technology systems are protected by military personnel,
civilian employee, or contract security personnel guards. Physical
access to rooms is controlled by combination lock and by identification
badges that are issued only to authorized individuals. Electronic
authorization and authentication of users is required at all points
before any system information can be accessed. All data transfers and
information retrievals that use remote communication facilities are
required to be encrypted. Paper records are contained and stored in
safes and filing cabinets that are located in a secure area with access
only by authorized personnel.
RECORD ACCESS PROCEDURES:
Individuals seeking information about themselves contained in the
DITMAC system of record should address written inquires to the Defense
Security Service, Office of FOIA and PA, 27130 Telegraph Road,
Quantico, VA 22134-2253.
Individuals seeking information about themselves contained in any
specific DoD Component's insider threat program system of records
should address written inquiries to the official mailing address for
that Component, which is published with each Component's compilation of
systems of records notices. DoD Component addresses are also listed at:
http://dpcld.defense.gov/Privacy/Privacy-Contacts/.
Individuals seeking information about themselves contained in the
DITMAC system of records that originated in another DoD Component may
be directed to the originating DoD Component that maintains the records
being sought.
Individuals should provide their full name (and any alias and/or
alternate name), SSN, and date and place of birth, and the address
where the records are to be returned.
In addition, the requester must provide either a notarized
statement or an unsworn declaration made in accordance with 28 U.S.C.
1746, in the following format:
If executed outside of the United States:
``I declare (or certify, verify, or state) under penalty of perjury
under the laws of the United States of America that the foregoing is
true and correct. Executed on (date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths:
``I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct. Executed on (date).
(Signature).''
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
CONTESTING RECORD PROCEDURES:
The DoD rules for accessing records and for contesting or appealing
agency determinations are published in DoD Regulation 5400.11; 32 CFR
310; or may be obtained from the Defense Privacy, Civil Liberties, and
Transparency Division, 4800 Mark Center Drive; ATTN: DPCLTD, Mailbox
#24; Alexandria, VA 22350-1700.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves
[[Page 12350]]
is contained in the DITMAC system of records should address written
inquires to the Defense Security Service, Office of FOIA and PA, 27130
Telegraph Road, Quantico, VA 22134-2253.
Individuals seeking to determine whether information about
themselves is contained in any specific DoD Component's insider threat
program system of records should address written inquiries to the
official mailing address for that Component, which is published with
each Component's compilation of systems of records notices. DoD
Component addresses are also listed at: http://dpcld.defense.gov/Privacy/Privacy-Contacts/.
Signed, written requests must contain the full name (and any alias
and/or alternate names used), SSN, and date and place of birth.
In addition, the requester must provide either a notarized
statement or an unsworn declaration made in accordance with 28 U.S.C.
1746, in the following format:
If executed outside of the United States:
``I declare (or certify, verify, or state) under penalty of perjury
under the laws of the United States of America that the foregoing is
true and correct. Executed on (date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths:
``I declare (or certify, verify, or state) under penalty of perjury
that the foregoing is true and correct. Executed on (date).
(Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The DoD is exempting records maintained in DUSDI 01-DoD, the
``Department of Defense (DoD) Insider Threat Management and Analysis
Center (DITMAC) and DoD Component Insider Threat Records System,'' from
subsections (c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2),
(3), (4)(G), (H), and (I), (5), and (8); (f); and (g) of the Privacy
Act pursuant to 5 U.S.C. 552a(j)(2) and (k)(1), (2), (4), (5), (6),
(7). In addition, exempt records received from other systems of records
in the course of DITMAC or Component record checks may, in turn, become
part of the case records in this system. When records are exempt from
disclosure in systems of records for record sources accessed by this
system, DoD also claims the same exemptions for any copies of such
records received by and stored in this system.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 310. For additional information
contact the system manager.
HISTORY:
September 23, 2016, 81 FR 65631; May 19, 2016, 81 FR 31614.
[FR Doc. 2018-05699 Filed 3-20-18; 8:45 am]
BILLING CODE 5001-06-P
