1.2 Scope. The chapter is relevant to those records contained in existing Fish and Wildlife Service (Service) Systems of Records (definition at 204 FW 1.6), or records contained in other Government Systems of Records and for which a system notice (definition at 204 FW 1.6) has been published in the Federal Register. Specifically, this chapter applies to any and all records which are organized or can be extracted by use of a personal identifier (such as name, social security number, or employee number). This chapter has Servicewide applicability and pertains to all persons working with records meeting the above criteria.

1.3 Policy. It is the policy of the Service to promote the protection of individual privacy rights to the fullest extent possible. This would include adhering to Privacy Act provisions for all records that are currently contained in an authorized system of records and initiating the prerequisite conditions prior to creating a system of records organized or extractable by personal identifier. Specifically, it is the policy of the Service that no records containing personal information and retrievable by personal identifier should or will be maintained by Service employees unless such records are maintained in compliance with the Act and this chapter.

1.4 Authorities. This chapter is issued in compliance with the following:

A. The Privacy Act of 1974 (5 U.S.C. 552a)

B. OMB Circular A-130 (Management of Federal Information Resources)

C. 43 CFR 2, Subpart D (Departmental Privacy Act Regulations) (Appendix 1)

D. Part 383 of the Departmental Manual (Privacy Act Policy and General Provisions)

1.5 Definitions.

A. Service Privacy Act Officer. The Service Privacy Act Officer is the official within the Service assigned general responsibility for implementation of the Act.

B. Disclosure. Disclosure means release of information contained in a system of records to a person (other than the person to whom the information pertains). This would include release to another bureau or Government agency for purposes of computer matching.

C. Exempted Records. Records that are contained in a system of records but are specifically excluded, pursuant to provisions of the Act, from release to those individuals to whom they pertain. Such provisions include records gathered in the course of a criminal investigation, records gathered during the recruitment of new employees, records involving tests that would be compromised if shown to individuals, or records that have been gathered in reasonable anticipation of a civil action or proceeding (for a more extensive listing, see Appendix 1 of this chapter).

D. Maintain. As defined in the Privacy Act, the term "maintain" includes collect, maintain, use or disseminate. In addition to record-keeping functions, it connotes control over, responsibility for, and accountability for systems of records.

E. Record. For Privacy Act purposes, a record consists of any item, collection, or grouping of information about an individual that is maintained by an agency. This would include, but is not limited to, information on education, financial transactions, medical history, and criminal or employment history. Such information must contain the individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voice print or a photograph, and may be stored in a variety of media including paper, tape, diskette, or hard disk.

F. System Guidelines. System guidelines are a set of formal, written instructions to employees working with a system of records. They contain operating procedures to be followed in maintaining a specific records system and supplement the Department's regulations and directives pertaining to the Privacy Act, and any bureau directives which apply generally to all of its systems of records subject to the Act.

G. System Manager. A system manager is an official who has been designated in a system notice as having administrative responsibility for the specified system of records.

H. System Notice. A system notice is a notice published in the Federal Register which announces the creation of a Privacy Act system of records, and identifies the components of the system, its routine uses, and the system manager.

I. System of Records. A system of records is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.