On the recordMay 12, 2004
I would like to read the material that was provided to Senators. It is entitled ``White Paper For Persons Who Have Viewed The Detainee Abuse Photos.'' The Privacy Act prohibits the disclosure of ``any record which is contained in a system of records'' to ``any person or to another agency,'' except with ``prior written consent of the individual to whom the record pertains.'' 5 U.S.C. Section 552a(b). The statute applies only to records about U.S. citizens or permanent resident aliens (``U.S. nationals''). The Iraqi detainee abuse photos and videos . . . --we saw some video-- were collected by and are maintained in the files of the military criminal investigative organization in the [Department of Defense]. The photos are subject to the Privacy Act to the extent they disclose the identities of U.S. nationals. Any release of the photos to persons outside the [Department of Defense] (with very limited exceptions concerning releases to Congress and certain Executive Branch officials) would risk liability under the Privacy Act. That liability in this sentence is to the Department of Defense. I ask unanimous consent to print in the Record the pertinent sections of the Privacy Act.…
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