government departments and agencies having a proper and legitimate need for the information as listed in the “Routine Uses” section of the Medical Treatment Records System, which is annually set forth in SECNAVNOTE 5211, Systems of Personal Records Authorized for Maintenance Under the Privacy Act of 1974, 5 USC 552a (PL 93-579).

If the releasing authority is in doubt whether the requesting department has a proper and legitimate need for the information, it will ask the requesting department to specify the purpose for which the information will be used. In appropriate cases, the requesting department will be advised that the information will be withheld until the written consent of the individual concerned is obtained.

In honoring proper requests, the releasing authority will disclose only information relative to the request. In the following instances, departments and agencies, both Federal and State, may have a proper and legitimate need for the information:

a. Health care information is required to process a governmental action involving the individual. (The Veterans Administration and the Bureau of Employees’ Compensation process claims in which the claimant’s medical or dental history is relevant.) If an agency requests health care information solely for employment purposes, a written authorization from the individual concerned will be required.

b. Health care information is required to treat an individual in the department’s custody. (Federal and State hospitals and prisons may need the medical or dental history of their patients and inmates.)

5. Release to Federal or State Courts or Other Administrative Bodies. The preceding limitations are not intended to prevent compliance with lawful court orders for health records in connection with civil litigation or criminal proceedings, or to prevent release of information from health records when required by law. Whenever the releasing authority is in doubt whether the subpoena or other compulsory process has been issued by a court of competent jurisdiction or by a responsible officer of an agency or body having power to compel production, the Judge Advocate General (JAG) of the Navy (or other cognizant legal officer) will be consulted.

6. Copies of Health Records. Upon request, an individual or the authorized representative entitled to have access to health records will be furnished copies of these records.

Commanding officers of Medical Department treatment facilities are authorized to release information from health records located within the command to members of their staff who are conducting research projects. Where possible, the names of parties should be deleted. All other requests from research groups will be forwarded to COMNAVMEDCOM for appropriate action. Release of medical reports or information concerning civilian appointees or employees is controlled by provisions in the Federal Personnel Manual. Attention is invited to pertinent articles in U.S. Navy Regulations (NAVREGS) and the JAG Manual for additional information.