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Privacy Act Statement

The Privacy Act of 1974, Title 5 U.S.C. § 552a, establishes a code of fair information practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act prohibits the disclosure of information from a system of records absent the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records (Freedom of Information Act), and sets forth various agency record-keeping requirements.

When To Give Privacy Act Statements. Give a PAS orally or in writing to the subject of the record when you are collecting information from them that will go in a system of records. NOTE: Do this regardless of how you collect or record the answers. You may display a sign in areas where people routinely furnish this kind of information. Give a copy of the Privacy Act Statement if asked. Do not ask the person to sign the Privacy Act Statement. (Ref AFI 33-332 Para 3.3)

Per AFI 33-332, Privacy Act Program, Para 3.2.1, A Privacy Act Statement must include four items:

Authority: The legal authority, that is, the U.S.C. or Executive Order authorizing the program the system supports.
Purpose: The reason you are collecting the information and what you intend to do with it.
Routine Uses: A list of where and why the information will be disclosed outside DOD.
Disclosure: Voluntary or Mandatory. (Use Mandatory only when disclosure is required by law and the individual will be penalized for not providing information.) Include any consequences of nondisclosure in nonthreatening language

Authority

Title 10, U.S.C., Section 8013. IAW AFI 36-2608, Military Personnel Records System, Para 4.1, the files in a PIF (Personal Information File) are maintained and kept under authority of Title 10, U.S.C., Section 8013, and solely by offices or levels of command where there is a requirement for them in the performance of day-to-day business. PIFs must be set up using the AF Form 10A, kept up to date, correct in content, and safeguarded to ensure the PIF is not misused or that unauthorized access occurs.

Title 10, U.S.C., Section 8013. IAW AFI 36-2907, Unfavorable Information file Program, title page, "This instruction requires you to maintain information protected by the Privacy Act of 1974. The authority to maintain this information is Title 10, U.S.C., Section 8013. System of Records Notice FO35 AF MP L, Unfavorable Information Files (UIF), also applies."

Privacy Act Notices - Military Personnel Records System

United States Code Title 10 - Armed Forces