§ 1.2. Policy.
(a) The public release or disclosure of military personnel or medical records maintained by the Department or information contained in the records, except for the purposes set forth in subsection (b) and for the information declared to be public information in § 1.3 (relating to releasable records and information) constitutes an unwarranted invasion of the personal privacy of the individuals to whom the records pertain and is prohibited.
(b) The records or information will be released to the following persons or under the following circumstances:
(1) Upon request or with the written consent of the individual to whom the records or information pertain or that individual’s attorney-in-fact or agent acting upon proper authorization.
(2) If the individual to whom the records or information pertain to is dead or declared incompetent, to that individual’s next-of-kin, executor or personal representative, or guardian or conservator.
(3) Upon receipt of a valid order or subpoena issued by a court of competent jurisidiction.
(4) For any routine uses and other official purposes to carry out the mission and perform the functions of the Department and the Pennsylvania National Guard.
(5) For the law enforcement purposes, if requested by a Federal, State or local law enforcement agency to be used in an investigation.
(6) To a person under compelling circumstances affecting the health or safety of the individual to whom the records or information pertain or to facilitate the identification or remains of individuals where the person requesting access has reasonable cause to believe the remains of the individual to whom the records pertain may require identification.
(7) For use by taxing authorities, but only the home address and social security number, in addition to the information releasable under § 1.3 (relating to releasable records and information), may be disclosed for this purpose.
Source The provisions of this § 1.2 adopted April 11, 1979, effective April 12, 1979, 9 Pa.B. 1294.
Cross References This section cited in 43 Pa. Code § 1.3 (relating to releasable records and information); and 43 Pa. Code § 1.5 (relating to procedures).
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