Home > 1995 Privacy Act Documents > Privacy Act: [FCSIC-4]...Privacy Act: [FCSIC-4]...
Records are arranged alphabetically by name.
Safeguards:
Records are maintained in a locked cabinet in an area that is
secured after business hours.
Retention and disposal:
In accordance with National Archives and Records Administration
General Records Schedule requirements.
System manager(s) and address:
Administrative Specialist, Farm Credit System Insurance
Corporation, McLean, Virginia 22102-0826.
Notification procedure:
All inquiries about this system of records shall be addressed to:
Privacy Act Officer, Farm Credit System Insurance Corporation,
McLean, Virginia 22102-0826.
Record access procedures:
Requests for access to a record shall be directed to: Privacy Act
Officer, Farm Credit System Insurance Corporation, McLean, Virginia
22102-0826, as provided in 12 CFR 1403.3.
Contesting record procedures:
Requests for amendments of a record shall be directed to: Privacy
Act Officer, Farm Credit System Insurance Corporation, McLean,
Virginia 22102-0826, as provided in 12 CFR 1403.7.
Record source categories:
Information in this system of records either comes from the
individual to whom it applies or comes from information supplied by
agency officials.
#.FARM CREDIT SYSTEM INSURANCE CORPORATION
FARM CREDIT SYSTEM INSURANCE CORPORATION
12 CFR PART 1403--PRIVACY ACT REGULATIONS
Sec.
1403.1 Purpose and scope.
1403.2 Definitions.
1403.3 Procedures for requests pertaining to individual records in a
record system.
1403.4 Times, places, and requirements for identification of
individuals making requests.
1403.5 Disclosure of requested information to individuals.
1403.6 Special procedures for medical records.
1403.7 Request for amendment to record.
1403.8 Agency review of request for amendment of record.
1403.9 Appeal of an initial adverse determination of a request to amend
a record.
1403.10 Fees for providing copies of records.
1403.11 Criminal penalties.
1403.12 Exemptions.
Authority: Secs. 5.58, 5.59 of the Farm Credit Act (12 U.S.C. 2277a-7,
2277a-8); 5 U.S.C. app. 3, 5 U.S.C. 552a.
Source: 59 FR 53084, Oct. 21, 1994, unless otherwise noted.
Sec. 1403.1 Purpose and scope.
(a) This part is published by the Farm Credit System Insurance
Corporation pursuant to the Privacy Act of 1974 (Pub. L. 93-579, 5
U.S.C. 552a) which requires each Federal agency to promulgate rules to
establish procedures for notification and disclosure to an individual of
agency records pertaining to that person, and for review of such
records.
(b) The records covered by this part include:
(1) Personnel and employment records maintained by the Farm Credit
System Insurance Corporation not covered by Secs. 293.101 through
293.108 of the regulations of the Office of Personnel Management (5 CFR
293.101 through 293.108); and
(2) Other records contained in record systems maintained by the Farm
Credit System Insurance Corporation.
(c) This part does not apply to any records maintained by the Farm
Credit System Insurance Corporation in its capacity as a receiver or
conservator.
Sec. 1403.2 Definitions.
For the purposes of this part:
(a) Agency means the Farm Credit System Insurance Corporation. It does
not include the Farm Credit System Insurance Corporation when it is
acting as a receiver or a conservator;
(b) Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence;
(c) Maintain includes maintain, collect, use, or disseminate;
(d) Record means any item, collection, or grouping of information
about an individual that is maintained by an agency including, but not
limited to, that person's education, financial transactions, medical
history, and criminal or employment history, and that contains that
person's name, or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or voice print
or photograph;
(e) Routine use means, with respect to the disclosure of a record, the
use of such record for a purpose that is compatible with the purpose for
which it was collected;
(f) Statistical record means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by 13 U.S.C. 8;
(g) System of records means a group of any records under the control
of any agency from which information is retrieved by the name of an
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual.
Sec. 1403.3 Procedures for requests pertaining to individual records
in a record system.
(a) Any present or former employee of the Farm Credit System Insurance
Corporation seeking access to that person's official civil service
records maintained by the Farm Credit System Insurance Corporation shall
submit a request in such manner as is prescribed by the Office of
Personnel Management.
(b) Individuals shall submit their requests in writing to the Privacy
Act Officer, Farm Credit System Insurance Corporation, McLean, Virginia
22102-0826, when seeking to obtain the following information from the
Farm Credit System Insurance Corporation:
(1) Notification of whether the agency maintains a record pertaining
to that person in a system of records;
(2) Notification of whether the agency has disclosed a record for
which an accounting of disclosure is required to be maintained and made
available to that person;
(3) A copy of a record pertaining to that person or the accounting of
its disclosure; or
(4) The review of a record pertaining to that person or the accounting
of its disclosure.
The request shall state the full name and address of the individual, and
identify the system or systems of records believed to contain the
information or record sought.
Sec. 1403.4 Times, places, and requirements for identification of
individuals making requests.
The individual making written requests for information or records
ordinarily will not be required to verify that person's identity. The
signature upon such requests shall be deemed to be a certification by
the requester that he or she is the individual to whom the record
pertains, or the parent of a minor, or the duly appointed legal guardian
of the individual to whom the record pertains. The Privacy Act Officer,
however, may require such additional verification of identity in any
instance in which the Privacy Act Officer deems it advisable.
Sec. 1403.5 Disclosure of requested information to individuals.
(a) The Privacy Act Officer shall, within a reasonable period of time
after the date of receipt of a request for information of records:
(1) Determine whether or not such request shall be granted;
(2) Notify the requester of the determination, and, if the request is
denied, of the reasons therefor; and
(3) Notify the requester that fees for reproducing copies of records
may be charged as provided in Sec. 1403.10.
(b) If access to a record is denied because the information therein
has been compiled by the Farm Credit System Insurance Corporation in
reasonable anticipation of a civil or criminal action proceeding, the
Privacy Act Officer shall notify the requester of that person's right to
judicial appeal under 5 U.S.C. 552a(g).
(c)(1) If access to a record is granted, the requester shall notify
the Privacy Act Officer whether the requested record is to be copied and
mailed to the requester or whether the record is to be made available
for personal inspection.
(2) A requester who is an individual may be accompanied by an
individual selected by the requester when the record is disclosed, in
which case the requester may be required to furnish a written statement
authorizing the discussion of the record in the presence of the
accompanying person.
(d) If the record is to be made available for personal inspection, the
requester shall arrange with the Privacy Act Officer a mutually
agreeable time in the offices of the Farm Credit System Insurance
Corporation for inspection of the record.
Sec. 1403.6 Special procedures for medical records.
Medical records in the custody of the Farm Credit System Insurance
Corporation which are not subject to Office of Personnel Management
regulations shall be disclosed either to the individual to whom they
pertain or that person's authorized or legal representative or to a
licensed physician named by the individual.
Sec. 1403.7 Request for amendment to record.
(a) If, after disclosure of the requested information, an individual
believes that the record is not accurate, relevant, timely, or complete,
that person may request in writing that the record be amended. Such a
request shall be submitted to the Privacy Act Officer and shall identify
the system of records and the record or information therein, a brief
description of the material requested to be changed, the requested
change or changes, and the reason for such change or changes.
(b) The Privacy Act Officer shall acknowledge receipt of the request
within 10 days (excluding Saturdays, Sundays, and legal holidays) and,
if a determination has not been made, advise the individual when that
person may expect to be advised of action taken on the request. The
acknowledgment may contain a request for additional information needed
to make a determination.
Sec. 1403.8 Agency review of request for amendment of record.
Upon receipt of a request for amendment of a record, the Privacy Act
Officer shall:
(a) Correct any portion of a record which the individual making the
request believes is not accurate, relevant, timely, or complete and
thereafter inform the individual in writing of such correction, or
(b) Inform the individual in writing of the refusal to amend the
record and of the reasons therefor, and advise that the individual may
appeal such determination as provided in Sec. 1403.9.
Sec. 1403.9 Appeal of an initial adverse determination of a request
to amend a record.
(a) Not more than 10 days (excluding Saturdays, Sundays, and legal
holidays) after receipt by an individual of an adverse determination on
the individual's request to amend a record or otherwise, the individual
may appeal to the Chief Operating Officer, Farm Credit System Insurance
Corporation, McLean, Virginia 22102-0826.
(b) The appeal shall be by letter, mailed or delivered to the Chief
Operating Officer, Farm Credit System Insurance Corporation, McLean,
Virginia 22102-0826. The letter shall identify the records involved in
the same manner they were identified to the Privacy Act Officer, shall
specify the dates of the request and adverse determination, and shall
indicate the expressed basis for that determination. Also, the letter
shall state briefly and succinctly the reasons why the adverse
determination should be reversed.
(c) The review shall be completed and a final determination made by
the Chief Operating Officer not later than 30 days (excluding Saturdays,
Sundays, and legal holidays) from receipt of the request for such
review, unless the Chief Operating Officer extends such 30-day period
for good cause. If the 30-day period is extended, the individual shall
be notified of the reasons therefor.
(d) If the Chief Operating Officer refuses to amend the record in
accordance with the request, the individual shall be notified of the
right to file a concise statement setting forth that person's
disagreement with the final determination and that person's right under
5 U.S.C. 552a(g)(1)(A) to a judicial review of the final determination.
(e) If the refusal to amend a record as requested is confirmed, there
shall be included in the disputed portion of the record a copy of the
concise statement filed by the individual together with a concise
statement of the reasons for not amending the record as requested. Such
statements will be included when disclosure of the disputed record is
made to persons and agencies as authorized under 5 U.S.C. 552a.
Sec. 1403.10 Fees for providing copies of records.
Fees for providing copies of records shall be charged in accordance
with Secs. 1402.22 and 1402.24 of this chapter.
Sec. 1403.11 Criminal penalties.
Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)) makes it a
misdemeanor, subject to a maximum fine of $5,000, to knowingly and
willfully request or obtain any record concerning any individual from an
agency under false pretenses. Sections 552a(i) (1) and (2) of the Act (5
U.S.C. 552a(i) (1), (2)) provide penalties for violation by agency
employees of the Act or regulations established thereunder.
Sec. 1403.12 Exemptions.
Specific. Pursuant to 5 U.S.C. 552a(k)(5), the investigatory material
compiled for law enforcement purposes in the following system of records
is exempt from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I), and (f) of 5 U.S.C. 552a and from the provisions of this part:
Personnel Security Files--FCSIC.
Other Popular 1995 Privacy Act Documents Documents:
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