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the denial. (b) Review shall be made on the submitted record. No personal appearance, oral argument, or hearing shall be permitted. (c) Review shall be completed and a final determination made not later than 30 days (excluding Saturdays, Sundays and legal holidays) from the date on which the request for such review is received. This 30-day limitation may be extended, at the discretion of the Director, for good cause shown. The requester shall be notified in writing of the Director's final determination. (d) If, after completion of his review, the Director also refuses to amend the record as requested, the notice to the individual shall advise him of his right to file with the Agency a concise statement setting forth the reasons for his disagreement with this refusal and of his right to judicial review pursuant to the Act. (e) When an individual has filed with the Agency a statement of disagreement following a refusal of the Director to amend the record as requested, the Agency will clearly note that portion of the record which is disputed and will send copies of the statement of disagreement to the last known address of all previous recipients of the disputed record shown in the Agency's Privacy Act Requests File. Sec. 603.8 Exemptions. (a) As authorized by the Act, the following categories of records are hereby exempted from the requirements of sections (c)(3), (d), (e)(4)(G), (H) and (I), and (f) of 5 U.S.C. 552a, and will not be disclosed to the individuals to which they pertain: (1) System of Records of ACDA-4--Statements by Principals during the Strategic Arms Limitation Talks, Mutual Balanced Force Reduction negotiations, and the Standing Consultative Committee. This system contains information classified pursuant to Executive Order 11652 which is exempt from disclosure by the Act (5 U.S.C. 552a(k)(1)) in that disclosure could disrupt foreign relations affecting national security. (2) System of Records ACDA-3--Security Records. This system contains investigatory material complied for law enforcement purposes which is exempted from disclosures by the Act (5 U.S.C. 552a(k)(2)); Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, if furnished to the Government prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence. (3) Systems of Records ACDA-3--Security Records. This system contains investigatory materials compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information which is exempt from disclosure by the Act (5 U.S.C. 552a(k)(5)), but only to the extent that this disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, if furnished to the Government prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence. (b) Nothing in these regulations shall be construed to allow an individual access to: (1) Any information compiled in reasonable anticipation of a civil action or proceeding; or (2) Testing or examination material used solely to determine individual qualification for appointment or promotion in the Federal Service, the disclosure of which would compromise the objectivity or fairness of the testing or examination process. Sec. 603.9 New and amended systems of records. (a) The Agency shall provide adequate advance notice to Congress and to the Office of Management and Budget of any proposal to establish or alter any system of records. Such notice shall be in a form consistent with guidance on content, format and timing issued by the Office of Management and Budget. (b) The Agency shall publish by August 31 of each year in the Federal Register a notice of the existence and character of each system of records maintained by the Agency. Such notice shall be consistent with guidance on format contained in the Act and issued by the General Services Administration. At least 30 days before any new or changed routine use of records contained within a system of records can be made, the Agency shall publish notice of such new or changed use in the Federal Register. Other Popular 1995 Privacy Act Documents Documents:
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