Each agency that maintains a system of records shall--

H. 5 U.S.C.  552a(e)(8)

"make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record."

comment --

This provision becomes applicable when subsection (b)(11) "court order" disclosures occur. See, e.g., Moore v. United States Postal Serv., 609 F. Supp. 681, 682 (E.D.N.Y. 1985); see also OMB Guidelines, 40 Fed. Reg. 28,948, 28,965 (1975). By its terms, it requires notice not prior to the making of a legally compelled disclosure, but rather at the time that the disclosure becomes a matter of public record. Kassel v. VA, No. 87-217-S, slip op. at 30 (D.N.H. Mar. 30, 1992); see also Moore, 609 F. Supp. at 682 ("552a(e)(8) does not speak of advance notice of release"); cf. Mangino v. Department of the Army, No. 94-2067, 1994 WL 477260, at **11-12 (D. Kan. Aug. 24, 1994) (citing Moore for proposition that subsection (e)(8) does not require advance notice, although finding no allegation that disclosure at issue was made "under compulsory legal process").

Go to Table of Contents || Previous Section Agency Requirements: 5 U.S.C. 552a(e)(7) || Next Section Agency Requirements: 5 U.S.C. 552a(e)(9)