Potter

MEMORANDUM **

The district court granted summary judgment in favor of Appellees on Appellant’s Privacy Act claim. We review that decision de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000). The Privacy Act provides, in relevant part:

5 U.S.C. § 552a(b). Thus, a threshold requirement of a Privacy Act claim is that the agency maintain a system of records that contains the record at issue.

We agree with the district court that Appellant failed to present sufficient evidence to support the existence of a record. Even assuming that he had, however, Appellant presented no evidence to show that whatever record may have existed was contained in a “system of records.” A system of records is a “group of any records ... from which information is re *732 trieved by the name of the individual or by some identifying number, symbol, or other identifying particular.” 5 U.S.C. § 552a(a)(5); see also Baker v. Dep’t of Navy, 814 F.2d 1381, 1384-85 (9th Cir. 1987) (noting that this definition “makes coverage under the Act dependent upon the method of retrieval of a record rather than its substantive content”). Here, there is no evidence that such a system existed for the…