W. Va. Code R. § 141-36-7

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

Section 141-36-7 - Collection of Information

Personal information collected directly from an individual, either verbally or in writing, for inclusion in Military Personnel Records Jacket or for unit records will be obtained as follows:

a. Obtain Consent Statement from each member of the unit concerning his/ her desires relative to the release of his/her personal information (see Inclosure 1). These signed statements will be maintained in a three-ring binder in alphabetical order of the individual's last name.

b. Privacy Act Statement will be available for each required form identified as being subject to The Privacy Act of 1974. This includes federal, state and locally devised forms upon which information about the individual is entered which is private in nature (see Inclosure 2).

(1) A copy of the Privacy Act Statement for each required form will be maintained in the Unit Files Area in a three-ring binder. Upon preparation of the form, the individual will be informed whether disclosure of private information is mandatory or voluntary, by what legal authority the information is solicited, and what uses will be made of the form and information. The individual will be given a copy of the Privacy Act Statement, if he/she desires one, on any required form.

(2) If state or locally devised forms are used which require personal information from the individual, a Privacy Act Statement will be prepared for each such form using the format contained in Inclosure 2.

(3) All federal forms requiring The Privacy Act Statements are footnoted in DA Pamphlet 310-2.

c. Privacy Act Statement - Health Care Records (DD Form 2005) will be prepared on each individual and filed in the Health Record (DD Form 722). See Inclosure 3.

d. When disclosures of personal information on any individual is requested by outside agencies or third parties, consent for the release of such information must be first obtained from the individual on whom the information pertains. This consent must be in writing and signed by the applicable individual. A record of each disclosure of personal information will be maintained by the unit releasing the information utilizing Disclosure Accounting Record (DA Form 4410-R) as indicated in Inclosure 4. This accounting record must be retained for a period of five years after the last disclosure, or for the life of the record, whichever is longer.

e. Report of Forms Falling Within the Provisions of The Privacy Act of 1974 (DA Form 4369-R) will be prepared and maintained at the level where each locally devised form is used which contains personal information on an individual. See paragraph 7b, above, concerning preparation of The Privacy Act Statement on locally devised forms. Format for DA Form 4369-R is shown as Inclosure 5.

f. Individual home addresses or lists or compilations of home addresses and home telephone numbers must have the following statement entered on the list or roster or container:

"The information on this list (roster) is for official use within this Unit only and will not be furnished to any commercial enterprise, company, representative, or any organization or agency outside Department of Defense."

(1) The above lists (rosters) (data cards) in whole or any portion thereof will not be disclosed without the consent of the individual(s) involved. See para 7a, above, for consent procedures.

(2) Persons responsible for maintaining home address locator services must obtain the individual's continuing consent or refusal for release of the home address in response to oral, written, or telephonic requests from third parties.

(3) Disclosures made from a locator service, with the consent of the individual involved, are considered to be in accordance with the Freedom of Information Act and therefore do not require disclosure accounting utilizing DA Form 4410-R.

g. Activities which publish directives (orders, letters, etc.) which contain personal information on individuals must exercise care to insure that such publications are not posted or made available to outside sources or third parties. When such directives are displayed or posted, the personal information thereon will be obliterated by overmarking or other means to insure confidentiality.

h. Rosters, lists, or other compilation of information on individuals which contain personal information will not be posted or displayed in any manner whereby outside agencies or third parties may obtain unauthorized personal information on individuals. Rather, such lists or rosters will be maintained as OFFICIAL USE documents with controlled access.

W. Va. Code R. § 141-36-7