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#.EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Title 29-Labor
Chapter XIV-Equal Employment Opportunity Commission
PART 1611--PRIVACY ACT REGULATIONS
Sec.
1611.1 Purpose and scope.
1611.2 Definitions.
1611.3 Procedures for requests pertaining to individual records in a
record system.
1611.4 Times, places, and requirements for identification of
individuals making requests.
1611.5 Disclosure of requested information to individuals.
1611.6 Special procedures; Medical records.
1611.7 Request for correction or amendment to record.
1611.8 Agency review of request for correction or amendment to record.
1611.9 Appeal of initial adverse agency determination on correction or
amendment.
1611.10 Disclosure of record to person other than the individual to
whom it pertains.
1611.11 Fees.
1611.12 Penalties.
1611.13 Specific exemptions.
Authority: 5 U.S.C. 552a.
Source: 42 FR 7949, Feb. 8, 1977, unless otherwise noted.
Sec. 1611.1 Purpose and scope.
This part contains the regulations of the Equal Employment Opportunity
Commission (the Commission) implementing the Privacy Act of 1974, 5
U.S.C. 552a. It sets forth the basic responsibilities of the Commission
under the Privacy Act (the Act) and offers guidance to members of the
public who wish to exercise any of the rights established by the Act
with regard to records maintained by the Commission. All records
contained in system EEOC/GOVT-1, including those maintained by other
agencies, are subject to the Commission's Privacy Act regulations.
Requests for access to, an accounting of disclosures for, or amendment
of records in EEOC/GOVT-1 must be processed by agency personnel in
accordance with this part. Commission records that are contained in a
government-wide system of records established by the U.S. Office of
Personnel Management (OPM), the General Services Administration (GSA),
the Merit Systems Protection Board (MSPB), the Office of Government
Ethics (OGE) or the Department of Labor (DOL) for which those agencies
have published systems notices are subject to the publishing agency's
Privacy Act regulations. Where the government-wide systems notices
permit access to these records through the employing agency, an
individual should submit requests for access to, for amendment of or for
an accounting of disclosures to the Commission offices as indicated in
Sec. 1611.3(b).
[56 FR 29580, Jun. 28, 1991]
Sec. 1611.2 Definitions.
For purposes of this part, the terms ``individual,'' ``maintain,''
``record,'' and ``system of records'' shall have the meanings set forth
in 5 U.S.C. 552a.
Sec. 1611.3 Procedures for requests pertaining to individual records
in a record system.
(a) Any person who wishes to be notified if a system of records
maintained by the Commission contains any record pertaining to him or
her, or to request access to such record or to request an accounting of
disclosures made of such record, shall submit a written request, either
in person or by mail, in accordance with the instructions set forth in
the system notice published in the Federal Register. The request shall
include:
(1) The name of the individual making the request;
(2) The name of the system of records (as set forth in the system
notice to which the request relates);
(3) Any other information specified in the system notice; and
(4) When the request is for access to records, a statement indicating
whether the requester desires to make a personal inspection of the
records or be supplied with copies by mail.
(b) Requests pertaining to records contained in a system of records
established by the Commission and for which the Commission has published
a system notice should be submitted to the person or office indicated in
the system notice. Requests pertaining to Commission records contained
in the government-wide systems of records listed below should be
submitted as follows:
(1) For systems OPM/GOVT-1 (General Personnel Records), OPM/GOVT-2
(Employee Performance File System Records), OPM/GOVT-3 (Records of
Adverse Actions and Actions Based on Unacceptable Performance), OPM/
GOVT-5 (Recruiting, Examining and Placement Records), OPM/GOVT-6
(Personnel Research and Test Validation Records), OPM/GOVT-9 (Files on
Position Classification Appeals, Job Grading Appeals and Retained Grade
or Pay Appeals), OPM/GOVT-10 (Employee Medical File System Records) and
DOL/ESA-13 (Office of Workers' Compensation Programs, Federal Employees'
Compensation File), to the Director of Personnel Management Services,
EEOC, 1801 L Street, NW, Washington, DC 20507;
(2) For systems OGE/GOVT-1 (Executive Branch Public Financial
Disclosure Reports and Other Ethics Program Records), OGE/GOVT-2
(Confidential Statements of Employment and Financial Interests) and
MSPB/GOVT-1 (Appeal and Case Records), to the Legal Counsel, EEOC, 1801
L Street, NW, Washington, DC 20507;
(3) For system OPM/GOVT-7 (Applicant Race, Sex, National Origin, and
Disability Status Records), to the Director of the Office of Equal
Employment Opportunity, EEOC, 1801 L Street, NW, Washington, DC 20507;
(4) For systems GSA/GOVT-3 (Travel Charge Card Program) and GSA/GOVT-4
(Contracted Travel Services Program) to the Director of Financial and
Resource Management Services, EEOC, 1801 L Street, NW, Washington, DC
20507.
(c) Any person whose request for access under paragraph (a) of this
section is denied, may appeal that denial in accordance with
Sec. 1611.5(c).
[42 FR 7949, Feb. 8, 1977, as amended at 47 FR 46275, Oct. 18, 1982; 49
FR 13025, Apr. 2, 1984; 54 FR 32062, Aug. 4, 1989; 56 FR 29581, Jun. 28,
1991]
Sec. 1611.4 Times, places, and requirements for identification of
individuals making requests.
(a) If a person submitting a request for access under Sec. 1611.3 has
asked that the Commission authorize a personal inspection of records
pertaining to that person, and the appropriate Commission official has
granted that request the requester shall present himself or herself at
the time and place specified in the Commission's response or arrange
another, mutually convenient time with the appropriate Commission
official.
(b) Prior to inspection of the records, the requester shall present
sufficient personal identification (e.g., driver's license, employee
identification card, social security card, credit cards). If the
requester is unable to provide such identification, the requester shall
complete and sign in the presence of a Commission official a signed
statement asserting his or her identity and stipulating that he or she
understands that knowingly or willfully seeking or obtaining access to
records about another individual under false pretenses is a misdemeanor
punishable by fine up to $5,000.
(c) Any person who has requested access under Sec. 1611.3 to records
through personal inspection, and who wishes to be accompanied by another
person or persons during this inspection, shall submit a written
statement authorizing disclosure of the record in such person's or
person's presence.
(d) If an individual submitting a request by mail under Sec. 1611.3
wishes to have copies furnished by mail, he or she must include with the
request a signed and notarized statement asserting his or her identity
and stipulating that he or she understands that knowlingly or willfully
seeking or obtaining access to records about another individual under
false pretenses is a misdemeanor punishable by fine up to $5,000.
(e) A request filed by the parent of any minor or the legal guardian
of any incompetent person shall: State the relationship of the requester
to the individual to whom the record pertains; present sufficient
identification; and, if not evident from information already available
to the Commission, present appropriate proof of the relationship or
guardianship.
(f) A person making a request pursuant to a power of attorney must
possess a specific power of attorney to make that request.
(g) No verification of identity will be required where the records
sought are publicly available under the Freedom of Information Act.
Sec. 1611.5 Disclosure of requested information to individuals.
(a) Upon receipt of request for notification as to whether the
Commission maintains a record about an individual and/or request for
access to such record:
(1) The appropriate Commission official shall acknowledge such request
in writing within 10 working days of receipt of the request. Wherever
practicable, the acknowledgement should contain the notification and/or
determination required in paragraph (a) (2) of this section.
(2) The appropriate Commission official shall provide, within 30
working days of receipt of the request, written notification to the
requester as to the existence of the records and/or a determination as
to whether or not access will be granted. In some cases, such as where
records have to be recalled from the Federal Records Center,
notification and/or a determination of access may be delayed. In the
event of such a delay, the Commission official shall inform the
requester of this fact, the reasons for the delay, and an estimate of
the date on which notification and/or a determination will be
forthcoming.
(3) If access to a record is granted, the determination shall indicate
when and where the record will be available for personal inspection. If
a copy of the record has been requested, the Commission official shall
mail that copy or retain it at the Commission to present to the
individual, upon receipt of a check or money order in an amount computed
pursuant to Sec. 1611.11.
(4) When access to a record is to be granted, the appropriate
Commission official will normally provide access within 30 working days
of receipt of the request unless, for good cause shown, he or she is
unable to do so, in which case the requester shall be informed within 30
working days of receipt of the request as to those reasons and when it
is anticipated that access will be granted.
(5) The Commission shall not deny any request under Sec. 1611.3
concerning the existence of records about the requester in any system of
records it maintains, or any request for access to such records, unless
that system is exempted from the requirements of 5 U.S.C. 552a in
Sec. 1611.13.
(6) If the Commission receives a request pursuant to Sec. 1611.3 for
access to records in a system of records it maintains which is so
exempt, the appropriate Commission official shall deny the request.
(b) Upon request, the appropriate Commission official shall make
available an accounting of disclosures pursuant to 5 U.S.C. 552a(c)(3).
(c) If a request for access to records is denied pursuant to paragraph
(a) or (b) of this section, the determination shall specify the reasons
for the denial and advise the individual how to appeal the denial. If
the request pertains to a system of records for which the Commission has
published a system notice, any appeal must be submitted in writing to
the Legal Counsel, EEOC, 1801 L Street, NW, Washington, DC 20507. If the
request pertains to a government-wide system of records any appeal
should be in writing, identified as a Privacy Act appeal and submitted
as follows:
(1) For systems established by OPM and for which OPM has published a
system notice, to the Assistant Director for Workforce Information,
Personnel Systems and Oversight Group, OPM, 1900 E Street, NW,
Washington, DC 20415. The OPM Privacy Act regulations, 5 CFR 297.207,
shall govern such appeals.
(2) For systems established by OGE and for which OGE has published a
system notice, to the Privacy Act Officer, Office of Government Ethics,
1201 New York Avenue, NW, Suite 500, Washington, DC 20005-3917. The OGE
Privacy Act regulations, 5 CFR part 2606, shall govern such appeals.
(3) For the system established by MSPB and for which MSPB has
published a system notice, to the Deputy Executive Director for
Management, U.S. Merit Systems Protection Board, 1120 Vermont Avenue,
NW, Washington, DC 20419. The MSPB Privacy Act regulations, 5 CFR part
1205, shall govern such appeals.
(4) For systems established by GSA and for which GSA has published a
system notice, to GSA Privacy Act Officer, General Services
Administration (ATRAI), Washington, DC 20405. The GSA Privacy Act
regulations, 41 CFR 105-64.301-5, shall govern such appeals.
(5) For the system established by DOL and for which DOL has published
a system notice, to the Solicitor of Labor, Department of Labor, 200
Constitution Avenue, NW, Washington, DC 20210. The DOL Privacy Act
regulations, 29 CFR 70a.9, shall govern such appeals.
(d) In the event that access to a record is denied on appeal by the
Legal Counsel or the Legal Counsel's designee, the requestor shall be
advised of his or her right to bring a civil action in federal district
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