Privacy Act: [ ADF 1] Employee Pay and Leave Records....

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1507.2  General policies.
1507.3  Definitions.
1507.4  Conditions of disclosure.
1507.5  Accounting for disclosure of records.
1507.6  Access to records.
1507.7  Contents of record systems.
1507.8  Fees.
1507.9  Judicial review.
1507.10  Exemptions.
1507.11  Mailing list.
1507.12  Criminal penalties.
1507.13  Reports.

  Authority: 5 U.S.C. 552a.
  Source: 53 FR 40411, Oct. 17, 1988.


   Sec. 1507.1  Purpose.

  The purpose of this part is to set forth the basic policies of the 
African Development Foundation (``the Foundation'' or ``ADF'') governing 
the maintenance of systems of records containing personal information as 
defined in the Privacy Act of 1974 (5 U.S.C. 552a).


   Sec. 1507.2  General policies.

  It is the policy of the Foundation to safeguard the right of privacy 
of any individual as to whom the Foundation maintains personal 
information in any records system, and to provide such individuals with 
appropriate and complete access to such records, including adequate 
opportunity to correct any errors in said records. It is further the 
policy of the Foundation to maintain its records in such a fashion that 
the information contained therein is, and remains, material and relevant 
to the purposes for which it is collected. Information in such records 
will be collected, maintained, used or disseminated in a manner that 
assures that such action is for a necessary and lawful purpose, and that 
adequate safeguards are provided to prevent misuse of such information. 
Exemptions from records requirements provided in 5 U.S.C. 552a will be 
permitted only where an important public policy need for such exemptions 
has been determined pursuant to specific statutory authority.


   Sec. 1507.3  Definitions.

  (a) ``Record'' means any document, collection, or grouping of 
information about an individual maintained by the Foundation, including 
but not limited to information regarding education, financial 
transactions, medical history, criminal or employment history, or any 
other personal information which contains the name or personal 
identification number, symbol, photograph, or other identifying 
particular assigned to such individual, such as a finger or voiceprint.
  (b) ``System of Records'' means a group of any records under the 
control of the Foundation from which information is retrieved by use of 
the name of an individual or by some identifying particular assigned to 
the individual.
  (c) ``Routine Use'' means, with respect to the disclosure of a record, 
the use of such record for a purpose which is compatible with the 
purpose for which it was collected.
  (d) The term ``Foundation'' means the African Development Foundation 
or any component thereof.
  (e) The term ``individual'' means any citizen of the United States or 
an alien lawfully admitted to permanent residence.
  (f) The term ``maintain'' includes the maintenance, collection, use or 
dissemination of any record.
  (g) The term ``Act'' means the Privacy Act of 1974 (5 U.S.C. 552a) as 
amended from time to time.


   Sec. 1507.4  Conditions of disclosure.

  The Foundation will not disclose any record contained in a system of 
records by any means of communication to any person or any other agency 
except by written request or prior written consent of the individual to 
whom the record pertains or his or her agent or attorney, unless such 
disclosure is:
  (a) To those officers and employees of the Foundation who have a need 
for the records in the official performance of their duties;
  (b) Required under the Freedom of Information Act (5 U.S.C. 552);
  (c) For a routine use of the record compatible with the purpose for 
which it was collected;
  (d) To the Bureau of the Census for purpose of planning or carrying 
out a census or survey or related activity pursuant to Title 13, United 
States Code;
  (e) To a recipient who has provided the Foundation with advance 
adequate written assurance that the record will be used solely as a 
statistical research or reporting record, and the record is to be 
transferred to a form that is not individually identifiable;
  (f) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the 
Administrator of General Services, or designee, to determine whether the 
record has such value;
  (g) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality has made a 
written request to the Foundation specifying the particular portion 
desired and the law enforcement activity for which the record is sought;
  (h) To a person, pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual, if, promptly following 
such disclosure, notification is transmitted to the last known address 
of the individual to whom the record pertains;
  (i) To either House of Congress, or, to the extent of matters within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
  (j) To the Comptroller General, or any authorized representative, in 
the course of the performance of the duties of the General Accounting 
Office; or
  (k) Pursuant to the order of a court of competent jurisdiction. If any 
record disclosed under compulsory legal process is subsequently made 
public by the court which issued it, the Foundation must make a 
reasonable effort to notify the individual to whom the record pertains 
of such disclosure.
  (l) To consumer reporting agencies as defined in 31 U.S.C. 370(a)(3) 
in accordance with 31 U.S.C. 3711, and under contracts for collection 
services as authorized in 31 U.S.C. 3718.


   Sec. 1507.5  Accounting for disclosure of records.

  (a) With respect to each system of records under ADF control, the 
Foundation will keep an accurate accounting of routine disclosures, 
except those made to employees of the Foundation in the normal course of 
duties or pursuant to the provisions of the Freedom of Information Act. 
Such accounting shall contain the following:
  (1) The date, nature and purpose of each disclosure, and the name and 
address of the person or agency to whom the disclosure is made:
  (2) Sufficient information to permit the construction of a listing of 
all disclosures at appropriate periodic intervals; and
  (3) The justification or basis upon which any release was made 
including any written documentation required.
  (b) The Foundation will retain the accounting made under this section 
for at least 5 years or the life of the record, whichever is longer, 
after the disclosure for which the accounting is made.
  (c) Except for disclosure made under paragraph (g) of Sec. 1503.3, the 
Foundation will make the accounting under paragraph (a) of this section 
available to the individual named in the record at his or her request.
  (d) The Foundation will inform any person or other agency about any 
correction or notation of dispute made by the agency of any record that 
has been disclosed to the person or agency if an accounting of the 
disclosure was made.


   Sec. 1507.6  Access to records.

  (a) Except as otherwise provided by law or regulation, any individual, 
upon request made either in writing or in person during regular business 
hours, shall be provided access to his or her record or to any 
information pertaining to him or her which is contained in a system of 
records maintained by the Foundation. The individual will be permitted 
to review the record and have a copy made of all or any portion thereof 
in a form comprehensible to him or her. Nothing in 5 U.S.C. 552a, 
however, allows an individual access to any information compiled in 
reasonable anticipation of a civil action or proceeding.
  (b) An individual will be notified, upon request, if any Foundation 
system of records contains a record pertaining to him or her. Such 
request may be made in person during regular business hours, or in 
writing over the signature of the person making the request. Individuals 
requesting the information will be required to identify themselves by 
providing their names, addresses, and a signature. If they are 
requesting disclosure in person, they are also required to show an 
identification card, such as a drivers license, containing a photo and a 
sample signature. If the request is received through the mail, the 
Foundation may request such information as may be necessary to assure 
that the requesting individual is properly identified. This may include 
a requirement that the request be notarized with a notation that the 
notary received an acknowledgement of identity from the requester.
  (c) A record may be disclosed to a representative of the person to 
whom a record relates when the representative is authorized in writing 
by such person to have access.
  (d) Requests for access to or copies of records should contain, at a 
minimum, identifying information needed to locate any given record, and 
a brief description of the item or items of information required. If the 
individual wishes access to specific documents, the request should 
identify or describe, as nearly as possible, such documents. The request 
should be made to the Director, Administration and Finance, African 
Development Foundation, 1625 Massachusetts Avenue NW, Suite 600, 
Washington, DC 20036. Personal contacts should normally be made during 
the regular duty hours of the officer concerned, which are 8:30 a.m. to 
5 p.m. Monday through Friday.
  (e) A request made in person will be promptly complied with if the 
records sought are in the immediate custody of the Foundation. Mail or 
personal requests for documents which are not in the immediate custody 
of ADF or which are otherwise not immediately available, will be 
acknowledged within ten working days of receipt, and the records will be 
provided as promptly thereafter as possible.
  (f) Special procedures may be established by the President of the 
Foundation governing the disclosure to an individual of his or her 
medical records, including psychological records.
  (g) Any individual may request the Director, Administration and 
Finance, to amend any Foundation record pertaining to him or her. Not 
later than 10 working days after the date of receipt of such request, 
the Director, Administration and Finance, or his/her designee, will 
acknowledge such receipt in writing. Promptly after acknowledging 
receipt of a request, the Director, Administration and Finance or his/
her designee will:
  (1) Correct any portion of the record which the individual believes is 
not accurate, relevant, timely, or complete; or
  (2) Inform the individual of the Foundation's refusal to amend the 
record in accordance with the request, the reason for the refusal, the 
procedures by which the individual may request a review of that refusal 
by the President of the Foundation, or his/her designee, and the name 
and address of such official; or
  (3) Refer the request to the agency that has control of and maintains 
the record when the record requested is not the property of the 
Foundation, but of the controlling agency.
  (h) Any individual who disagrees with the refusal of the Director, 
Administration and Finance to amend his or her record may request a 
review of that refusal. Such request for review must be made within 30 
days after receipt by the requester of the initial refusal to amend. The 
President of the Foundation, or designee, will complete such review not 
later than 30 working days from the date on which the individual 
requests such review, and make a final determination, unless for good 
cause shown, the President or designee extends such 30-day period and 
notifies the requester in writing that additional time is required to 
complete the review. If, after review, the President or designee refuses 
to amend the record in accordance with the request, the individual will 
be advised of the right to file with the Foundation a concise statement 
setting forth the reasons for his or her disagreement with the refusal, 
and also advised of the provisions in the Act for judicial review of the 
President's determination.
  (i) In any disclosure containing information about which the 
individual has filed a statement under paragraph (g) of this section, 
the Foundation will clearly note any part of the record which is 
disputed and provide copies of the statement and, if the Foundation 
deems it appropriate, copies of a concise statement of the Foundation's 
reasons for not making the amendment requested, to persons or other 
agencies to whom the disputed record has been disclosed.


   Sec. 1507.7  Contents of records systems.

  (a) The Foundation will maintain in its records only such information 
about an individual as is accurate, relevant, and necessary to 
accomplish the purpose for which it was acquired as authorized by 
statute or Executive Order.
  (b) The Foundation will collect information, to the greatest extent 
practicable, directly from the individual to whom the record pertains 
when the information may result in adverse determinations about the 
individual's rights, benefits and privileges under Federal programs.
  (c) The Foundation will inform each individual whom it asks to supply 
information on any form which it uses to collect the information, or on 
a separate form that can be retained by the individual, of:
  (1) The authority which authorizes the solicitation of the information 
and whether provision of such information is mandatory or voluntary;
  (2) The purpose or purposes for which the information is intended to 
be used;
  (3) The routine uses which may be made of the information, as 
published pursuant to paragraph (d) of this section; and
  (4) The effects on the individual, if any, of not providing all or any 
part of the requested information.
  (d) Subject to the provisions of paragraph (k) of this section, the 
Foundation will publish in the Federal Register, at least a notice of 
the existence and character of its sytem(s) of records upon 
establishment or revision. This notice will include:
  (1) The name and location of the system or systems;
  (2) The categories of individuals on whom records are maintained in 
the system or systems;
  (3) The categories of records maintained in the system or systems;
  (4) Each routine use of the records contained in the system or 
systems, including the categories of users, and the purpose of such use;
  (5) The policies and practices of the Foundation regarding storage, 
retrievability, access controls, retention, and disposal of the record;
  (6) The title and business address of the Foundation official or 
officials responsible for the system or systems of records;
  (7) The Foundation's procedures whereby an individual can be notified 
at his or her request if the system or systems of records contains a 
record pertaining to him or her;
  (8) The Foundation's procedures whereby an individual can be notified 
at him or her request how he or she can gain access to any record 
pertaining to him or her contained in the system or systems of records, 
and how he or she can contest its content; and
  (9) The categories of sources of records in the system or systems.
  (e) All records used by the Foundation in making any determination 
about any individual will be maintained with such accuracy, relevance, 
timeliness, and completeness as is reasonably necessary to assure 
fairness to the individual in the determination.
  (f) Before disseminating any record about an individual to any person 
other than an agency or pursuant to 5 U.S.C. 552, the Foundation will 
make reasonable efforts to assure that such records are accurate, 
complete, timely, and relevant for Foundation purposes.
  (g) The Foundation will maintain no record describing how any 
individual exercises rights guaranteed by the First Amendment of the 
Constitution of the United States unless expressly authorized by statute 
or by the individual about whom the record is maintained, or unless 
pertinent to, and within the scope of, an authorized law enforcement 
activity.
  (h) The Foundation will establish rules of conduct for persons 
involved in the design, development, operation, or maintenance of any 
system of records, or in maintaining any record. Each such person will 
be instructed regarding such rules and the requirements of 5 U.S.C. 
552a. The instruction will include any other rules and procedures 
adopted pursuant to 5 U.S.C. 552a, and the penalties provided for 
noncompliance.
  (i) The Foundation will establish appropriate administrative, 
technical, and physical safeguards to insure the security and 
confidentiality of records and to protect against any anticipated 
threats or hazards to their security or integrity which could result in 
substantial harm, embarrassment, inconvenience, or unfairness to any 

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