W. Va. Code R. § 141-36-12

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 141-36-12 - Disclosures of Information

a. Disclosure of personal information within the Department of Defense between the various components do not require specific procedures other than those currently in existence.

b. Disclosures to outside agencies and third parties are limited by the provisions of The Privacy Act. Types of information that cannot be released without the express written consent of the individual follows:

(1) Home address.

(2) Home telephone number.

(3) Social Security Number.

(4) Medical history.

(5) Duty performance characteristics to include personal or behaviorial characteristics.

(6) Criminal or employment history.

(7) Photographs or anything else particularly identifying the individual, such as fingerprints or voice prints.

(8) Any other information concerning the individual when a doubt exists relative to ability to release under The Privacy Act.

c. The types of information applicable to The Privacy Act should not be confused with the types of information that can be disclosed to outside agencies and third parties under the provisions of The Freedom of Information Act of 1966 (Public Law 93-502 and Section 522, Title 5, USC). Some examples of information pertaining to West Virginia Army National Guard military personnel which may normally be released without written consent of the individual are:

(1) Name.

(2) Rank and/or grade.

(3) Date of rank.

(4) Date of birth.

(5) Salary as a member of the Army National Guard.

(6) Present and/or past duty assignments and future duty assignments that have been approved.

(7) Unit of assignment address and telephone number.

(8) Source of commission for commission officers.

(9) Military and civilian education levels.

(10) Promotion sequence number.

W. Va. Code R. § 141-36-12