Rules for releasing Privacy Act information without consent of the subject.
The Privacy Act prohibits disclosing personal information to anyone other than the subject of the record without his or her written consent. There are twelve exceptions to the “no disclosure without consent” rule. Those exceptions permit release of personal information without the individual's consent only in the following instances:
(a) Exception 1.
DoD employees who have a need to know the information in the performance of their official duties.
(b) Exception 2.
In response to a Freedom of Information Act request for information contained in a system of records about an individual and the Freedom of Information Act requires release of the information.
(c) Exception 3.
To agencies outside DoD only for a Routine Use published in the Federal Register. The purpose of the disclosure must be compatible with the intended purpose of collecting and maintaining the record. When initially collecting the information from the subject, the Routine Uses block in the Privacy Act Statement must name the agencies and reason.
Note to paragraph (c):
In addition to the Routine Uses established by the Department of the Air Force within each system of records, the DoD has established “Blanket Routine Uses” that apply to all record systems maintained by the Department of the Air Force. These “Blanket Routine Uses” have been published only once at the beginning of the Department of the Air Force's Federal Register compilation of record systems notices in the interest of simplicity, economy and to avoid redundancy. Unless a system notice specifically excludes a system of records from a “Blanket Routine Use,” all “Blanket Routine Uses” apply to that system (see appendix C to this part).
(d) Exception 4.
The Bureau of the Census to plan or carry out a census or survey under Title 13, U.S.C. Section 8.
(e) Exception 5.
A recipient for statistical research or reporting. The recipient must give advanced written assurance that the information is for statistical purposes only. Note: No one may use any part of the record to decide on individuals' rights, benefits, or entitlements. You must release records in a format that makes it impossible to identify the real subjects.
(f) Exception 6.
The National Archives and Records Administration to evaluate records for permanent retention. Records stored in Federal Records Centers remain under Air Force control.
(g) Exception 7.
A Federal, State, or local agency (other than DoD) for civil or criminal law enforcement. The head of the agency or a designee must send a written request to the system manager specifying the record or part needed and the law enforcement purpose. In addition, the “blanket routine use” for law enforcement allows the system manager to disclose a record to a law enforcement agency if the agency suspects a criminal violation.
(h) Exception 8.
An individual or agency that needs the information for compelling health or safety reasons. The affected individual need not be the record subject.
(i) Exception 9.
Either House of Congress, a congressional committee, or a subcommittee, for matters within their jurisdictions. The request must come from the committee chairman or ranking minority member (see Air Force Instruction 90-401, Air Force Relations With Congress). 9
Requests from a Congressional member acting on behalf of the record subject are evaluated under the routine use of the applicable system notice. If the material for release is sensitive, get a release statement.
Requests from a Congressional member not on behalf of a committee or the record subject are properly analyzed under the Freedom of Information Act, and not under the Privacy Act.
(j) Exception 10.
The Comptroller General or an authorized representative of the General Accounting Office (GAO) to conduct official GAO business.
(k) Exception 11.
A court of competent jurisdiction, with a court order signed by a judge.
(l) Exception 12.
A consumer reporting agency in accordance with 31 U.S.C. 3711(e). Ensure category element is represented within the system of records notice.