Home > 1997 Privacy Act Documents > Privacy Act: [CRC--005] Information on Commissioners, Staff and State Advisory Committee Members, Past and Present....

Privacy Act: [CRC--005] Information on Commissioners, Staff and State Advisory Committee Members, Past and Present....


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  (7) A statement of the basis for the requested correction or amendment 
including any material that the individual can furnish to substantiate 
the reasons for the amendment sought.


   Sec. 705.7   Agency review of request for correction or amendment of 
   the record.

  Within ten (10) working days (excluding Saturdays, Sundays and legal 
public holidays) of the receipt of the request for the correction or 
amendment of a record, the Solicitor shall acknowledge receipt of the 
request and inform the individual that his or her request has been 
received and inform the individual whether further information is 
required before the correction or amendment can be considered. Further, 
the Solicitor shall promptly, and, under normal circumstances, not later 
than thirty (30) working days after receipt of the request, make the 
requested correction or amendment or notify the individual of his or her 
refusal to do so, including in the notification the reasons for the 
refusal, and the procedures established by the Commission by which the 
individual may initiate a review of that refusal. In the event of 
correction r amendment, an individual shall be provided with one copy of 
each record or portion thereof corrected or amended pursuant to his or 
her request without charge as evidence of the correction or amendment. 
The Commission shall also provide to all prior recipients of such a 
record, the corrected or amended information to the extent that it is 
relevant to the information previously furnished to a recipient pursuant 
to the Privacy Act.

[40 FR 45727, Oct. 2, 1975, as amended at 42 FR 12046, Mar. 2, 1977. 
Redesignated at 44 FR 75152, Dec. 19, 1979]


   Sec. 705.8   Appeal of an initial adverse agency determination.

  (a) Any individual whose request for access or for a correction or 
amendment which has been denied, in whole or in part, by the Solicitor 
may appeal that decision to the Staff Director of the Commission, 1121 
Vermont Avenue, NW, Room 800, Washington, DC 20425, or to a designee of 
the Staff Director.
  (b) The appeal shall be in writing and shall:
  (1) Name the individual making the appeal;
  (2) Identify the record sought to be amended or corrected;
  (3) Name the record system in which that record is contained;
  (4) Contain a short statement describing the amendment or correction 
sought; and
  (5) State the name of the person who initially denied the correction 
or amendment.
  (c) Not later than thirty (30) working days (excluding Saturdays, 
Sundays, and legal public holidays) after the date on which the agency 
received the appeal, the Staff Director shall complete his or her review 
of the appeal and make a final decision thereon, unless, for good cause 
shown, the Staff Director extends the appeal period beyond the initial 
thirty (30) day appeal period. In the event of such an extension the 
Staff Director shall promptly notify the individual making the appeal 
that the period for a final decision has been extended.
  (d) After review of an appeal request, the Staff Director will send a 
written notice to the requester containing the following information:
  (1) The decision, and if the denial is upheld, the reasons for the 
decision;
  (2) The right of the requester to institute a civil action in a 
Federal District Court for judicial review of the decision, if the 
appeal is denied; and
  (3) The right of the requester to file with the Commission a concise 
statement setting forth the reasons for his or her disagreement with the 
Commission's decision denying the request. The Commission shall make 
this statement available to any person to whom the record is later 
disclosed, together with a brief statement, if the Commission considers 
it appropriate, of the agency's reasons for denying the requested 
correction or amendment. These statements shall also be provided to all 
prior recipients of the record to the extent that it is relevant to the 
information previously furnished to a recipient pursuant to the Privacy 
Act.

[40 FR 45727, Oct. 2, 1975, as amended at 42 FR 12047, Mar. 2, 1977. 
Redesignated at 44 FR 75152, Dec. 19, 1979]


   Sec. 705.9   Disclosure of records to a person other than the 
   individual to whom the record pertains.

  (a) Any individual who desires to have his or her record disclosed to 
or mailed to a third person may authorize that person to act as his or 
her agent for that specific purpose. The authorization shall be in 
writing, signed by the individual, and notarized. The agent shall also 
submit proof of his or her own identity as provided in Sec. 705.4.
  (b) The parent of any minor individual or the legal guardian of any 
individual who has been declared by a court to be incompetent, due to 
physical or mental incapacity, may act on behalf of that individual in 
any matter covered by this part. A parent or guardian who desires to act 
on behalf of such an individual shall present suitable evidence of 
parentage or guardianship, by birth certificate, copy of a court order 
or similar documents, and proof of the individual's identity as provided 
in Sec. 705.4.
  (c) An individual to whom a record is to be disclosed, in person, 
pursuant to this part may have a person of his or her own choosing 
accompany the individual when the record is disclosed.


   Sec. 705.10   Fees.

  If an individual requests copies of his or her records the charge 
shall be three (3) cents per page, provided, however, that the 
Commission shall not charge for copies furnished to an individual as a 
necessary part of the process of disclosing the record to an individual. 
Fees may be waived or reduced in accordance with Sec. 704.1(e) of the 
Commission's regulations (45 CFR part 704) because of indigency, where 
the cost is nominal, when it is in the public interest not to charge, or 
when waiver would not constitute an unreasonable expense to the 
Commission.


   Sec. 705.11   Penalties.

  Any person who makes a false statement in connection with any request 
for a record, or in any request for an amendment to a record under this 
part, is subject to the penalties prescribed in 18 U.S.C. 494 and 495.


   Sec. 705.12   Special procedures: Information furnished by other 
   agencies.

  When records or information sought from the Commission include 
information furnished by other Federal agencies, the Solicitor shall 
consult with the appropriate agency prior to making a decision to 
disclose or to refuse to disclose the record, but the decision whether 
or not to disclose the record shall be made by the Solicitor.


   Sec. 705.13   Exemptions.

  (a) Under the provision of 5 U.S.C. 552a(k), it has been determined by 
the agency that the following exemptions are necessary and proper and 
may be asserted by the agency:
  (1) Exemption (k)(2) of the Act. Investigatory material compiled for 
law enforcement purposes, other than material within the scope of 
subsection (j)(2) of the Privacy Act: Provided, however, That if any 
individual is denied any right, privilege, or benefit that he or she 
would otherwise be eligible for, 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 
identify 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, prior to the effective date of this section, under an 
implied promise that the identity of the source would be held in 
confidence.
  (2) Exemption (k)(4) of the Act. Statistical personnel records that 
are used only to generate aggregate data or for other evaluative or 
analytical purposes and which are not used to make decisions on the 
rights, benefits, or entitlements of individuals.
  (3) Exemption (k)(5) of the Act. Investigatory material maintained 
solely for the purposes of determining an individual's qualifications, 
eligibility, or suitability for employment in the Federal civilian 
service, Federal contracts, or access to classified information, but 
only to the extent that disclosure of such material would reveal the 
identity of the source who furnished information to the Government under 
an express promise that the identity of the source would be held in 
confidence, or prior to September 27, 1975, under an implied promise 
that the identity of the source would be held in confidence.
  (4) Testing or examination material used solely to determine 
individual qualifications for promotion or appointment in the Federal 
service the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process.
  (b) Following are Commission systems of records which are partially 
exempt under 5 U.S.C. 552a(k)(2), (4), (5), and (6) and the reasons for 
such exemptions:
  (1) Appeals, Grievances and Complaints (staff)--Commission Project, 
CRC-001. Exempt partially under 5 U.S.C. 552a(k)(2)--The reasons for 
possibly asserting the exemptions are to prevent subjects of 
investigation from frustrating the investigatory process, to prevent 
disclosure of investigative techniques, to maintain the ability to 
obtain necessary information, to fulfill commitments made to sources to 
protect their identities and the confidentiality of information and to 
avoid endangering these sources.
  (2) Complaints, CRC-003--Exempt partially under 5 U.S.C. 552a(k)(2). 
The reasons for possibly asserting the exemptions are to prevent 
subjects of investigation from frustrating the investigatory process, to 
prevent disclosure of investigative techniques, to maintain the ability 
to obtain necessary information, to fulfill commitments made to sources 
to protect their identities and the confidentiality of information and 
to avoid endangering these sources.
  (3) Commission projects, CRC-004--Partially exempt under 5 U.S.C. 
552a(k)(a). The reasons for asserting the exemptions are to prevent 
subjects of investigation from frustrating the investigatory process, to 
prevent disclosure of investigative techniques, to maintain the ability 
to obtain necessary information, to fulfill commitments made to sources 
to protect their identities and the confidentiality of information and 
to avoid endangering these sources.
  (4) Other Employee Programs: EEO, Troubled Employee, and Upward 
Mobility, CRC-006--Partially exempt under 5 U.S.C. 552a(k)(4), (5), and 
(6). The reasons for asserting the exemptions are to maintain the 
ability to obtain candid and necessary information, to fulfill 
commitments made to sources to protect the confidentiality of 
information, to avoid endangering these sources and, primarily, to 
facilitate proper selection or continuance of the best applicants or 
persons for a given position.
  (5) State Advisory Committees Projects, CRC-009--Partially exempt 
under 5 U.S.C. 552a(k)(2). The reasons for possibly asserting the 
exemptions are to prevent subjects of investigation from frustrating the 
investigatory process, to prevent disclosure of investigative 
techniques, to maintain the ability to obtain necessary information, to 
fulfill commitments made to sources to protect their identities and the 
confidentiality of information and to avoid endangering these sources.


   Sec. 705.95   Accounting of the disclosures of records.

  (a) All disclosures of records covered by this Part 705, except for 
the exemptions listed in Sec. 705.95(b), shall be accounted for by 
keeping a written record of the particular record disclosed, the name 
and address of the person or agency to whom or to which disclosed, and 
the date, nature and purpose of the disclosure.
  (b) No accounting is required for disclosures of records to those 
officials and employees of the Commission who have a need for the record 
in the performance of their duties, or if disclosure would be required 
under the Freedom of Information Act, 5 U.S.C. 552.
  (c) The accounting shall be maintained for 5 years or until the record 
is destroyed or transferred to the National Archives and Record 
Administration for storage, in which event, the accounting pertaining to 
those records, unless maintained separately, shall be transferred with 
the records themselves.
  (d) The accounting of disclosures may be recorded in any system the 
Commission determines is sufficient for this purpose, however, the 
Commission must be able to construct from its system a listing of all 
disclosures. The system of accounting of disclosures is not a system of 
records under the definition in Sec. 705.2(e) and no accounting need be 
maintained for disclosure of the accounting of disclosures.
  (e) Upon request of an individual to whom a record pertains, the 
accounting of the disclosures of that record shall be made available to 
the requester, provided that he/she has complied with Sec. 705.3(a) and 
with Sec. 705.4(c) or (d).

[42 FR 12047, Mar. 2, 1977]

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