Privacy Program Resources

NARA Privacy Act Systems: NARA 28

SYSTEM NAME: Tort and Employee Claim Files.

FEDERAL REGISTER CITATION: 78 FR 77255

SYSTEM LOCATION: Records are located in the Office of General Counsel.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by this system include: current and former NARA employees, other Federal agency employees, and individual members of the public who have filed a legal claim (e.g., tort claim or a personnel claim) against NARA or are the subject of a case file.

CATEGORIES OF RECORDS IN THE SYSTEM: Records in the system may contain some or all of the following information about an individual: Name, Social Security number, position description, grade, salary, work history, complaint, credit ratings, medical diagnoses and prognoses, and doctor's bills. The system may also contain other records such as: case history files, copies of applicable law(s), attorney working papers, testimony of witnesses, background investigation materials, correspondence, damage reports, contracts, accident reports, pleadings, affidavits, estimates of repair costs, invoices, financial data, and other data.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C., Part II; 28 U.S.C. 1291, 1346(b)(c), 1402(b), 1504, 2110, 2401(b), 2402, 2411(b), 2412(c), 2671-2680.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records are used to make determinations on tort and employee claims and for internal statistical reports. Information may be disclosed to: another Federal agency to process payments for approved claims; and the Department of Justice for review, settlement, defense, and prosecution of claims and law suits arising from those claims. The routine use statements A, B, C, E, F, G and I described in Appendix A, also supply to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OR RECORDS IN THE SYSTEM:

STORAGE: Paper and electronic records.

RETRIEVABILITY: Information may be retrieved by the individual's name or, when stored electronically, may be full-text searched and retrieved through relevant search results.

SAFEGUARDS: During business hours, paper records are maintained in areas accessible only to authorized NARA personnel. Electronic records are accessible via password-protected workstations located in attended offices or through a secure remote access network. After business hours, buildings have security guards and/or secured doors, and all entrances are monitored by electronic surveillance equipment.

RETENTION AND DISPOSAL: Tort and employee claim files are temporary records and are destroyed in accordance with the disposition instructions in the NARA Records Schedule (a supplement to the NARA Files Maintenance and Records Disposition Manual). Individuals may request a copy of the disposition instructions from the NARA Privacy Act Officer.

SYSTEM MANAGER(S) AND ADDRESS: The system manager is the General Counsel. The business address for this system manager is listed in Appendix B.

NOTIFICATION PROCEDURE: People interested in inquiring about their records should notify the NARA Privacy Act Officer at the address listed in Appendix B.

RECORD ACCESS PROCEDURES: People who wish to access their records should submit a request in writing to the NARA Privacy Act Officer at the address given in Appendix B.

CONTESTING RECORD PROCEDURES: NARA rules for contesting the contents of a person's records and appealing initial determinations are found in 36 CFR part 1202.

RECORD SOURCE CATEGORIES: Information in this system of records comes from one or more of the following sources: Federal employees and private parties involved in torts and employee claims, witnesses, and doctors and other health professionals.

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