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AFI 33-332 Privacy Act Program

AFI 36-2608 Military Personnel Records System

Air Force Privacy Act Page

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:


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 Statement Examples

For LOC:

AUTHORITY: 10 U.S.C. 8013. PURPOSE: To obtain any comments you desire to submit (on a voluntary basis) for consideration concerning this action. ROUTINE USES: Provides you an opportunity to submit comments or documents for consideration. If provided, the comments and documents you submit become a part of the action. DISCLOSURE: Your written acknowledgment of receipt and signature are mandatory. Any other comment or document you provide is voluntary.

IAW the Privacy Act of 1974, the contents of this document contain privileged or other confidential information. Unauthorized disclosure may result in civil and criminal sanctions. If you are not the intended recipient, or believe you have received this communication in error, do not reproduce, retransmit, disseminate, or otherwise use this information.

For the top of e-mails that contain personal information subject to the Privacy Act

The information herein is For Official Use Only (FOUO) which must be protected under the Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in criminal and/or civil penalties.

In addition, include "FOUO" at the beginning of the subject line.

Ref: AFI 33-332, AIR FORCE PRIVACY PROGRAM, paragraph 2.2.5.

2.2.5. E-mails shall be encrypted when they contain FOUO and Privacy Act Information sent to other Air Force or DoD offices for official purposes. Additional protection methods may include password protecting the information in a separate Microsoft Word™ document. When transmitting personal information over E-mail, add For Official Use Only (“FOUO”) to the beginning of the subject line, followed by the subject, and apply the following statement at the beginning of the e-mail:

"The information herein is For Official Use Only (FOUO) which must be protected under the Privacy Act of 1974, as amended. Unauthorized disclosure or misuse of this PERSONAL INFORMATION may result in criminal and/or civil penalties."

Do not indiscriminately apply this statement to E-mails. Use it only in situations when you are actually transmitting personal information for official purposes within the Government. See DoD 5200.1-R Information Security Program. Note: The guidance in this paragraph does not apply to appropriate releases of personal information to members of the public via e-mail, such as pursuant to the Freedom of Information Act, or with the consent of the subject of the personal information.

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