Home > 1995 Privacy Act Documents > Privacy Act: [FEC 4]...

Privacy Act: [FEC 4]...


Google
 
Web GovRecords.org

   interviews, reports, interrogatories and responses thereto.
     Authority for maintenance of the system: 
       Inspector General Act Amendments of 1988, Pub. L. 100-504, 
   amending the Inspector General Act of 1978, Pub. L. 95-402, 5 U.S.C. 
   app.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Material is maintained in the Office of Inspector General's (OIG) 
   investigative files. Access to files is restricted to OIG Staff and 
   then on a need to know basis. Criminal violations are referred to the 
   Justice Department.
       Routine use for disclosure to the Department of Justice for use 
   in litigation:
       It shall be a routine use of the records in this system of 
   records to disclose them to the Department of Justice when:
       (a) The agency, or any component thereof; or
       (b) Any employee of the agency in his or her official capacity; 
   or
       (c) Any employee of the agency in his or her individual capacity 
   where the Department of Justice has agreed to represent the employee; 
   or
       (d) The United States, where the agency determines that 
   litigation is likely to affect the agency or any of its components, 
   is a party to litigation or has an interest in such litigation, and 
   the use of such reports by the Department of Justice is deemed by the 
   Inspector General to be relevant and necessary to the litigation 
   provided, however, that in each case the Inspector General determines 
   that disclosure of the records to the Department of Justice is a use 
   of the information contained in the records that is compatible with 
   the purpose for which the records were collected.
       Routine use for agency disclosure in litigation:
       It shall be a routine use of records maintained by this agency to 
   disclose them in a proceeding before a court or adjudicative body 
   before which the agency is authorized to appear when:
       (a) The agency, or any component thereof; or
       (b) Any employee of the agency in his or her official capacity; 
   or
       (c) Any employee of the agency in his or her individual capacity 
   where the agency has agreed to represent the employee; or
       (d) The United States, where the agency determines that 
   litigation is likely to affect the agency, or any of its components, 
   is a party to litigation or has an interest in such litigation, and 
   the Inspector General determines that, on a case-by-case basis, use 
   of such records is relevant and necessary to the litigation, 
   provided, however, that the Inspector General determines that 
   disclosure of the records is compatible with the purpose for which 
   the records were collected.
     Policies and practices for storing, retrieving, accessing, 
   retaining and disposing of records in the system:  
     Storage: 
       Paper and computer records.
     Retrievability: 
       The records are retrieved by the name of the subject of the 
   investigation or by a unique control number assigned to each 
   investigation.
     Safeguards: 
       The paper records and computer disks are kept in locked cabinets 
   in limited access areas under personal surveillance during working 
   hours and in locked cabinets in locked room at all other times.
     Retention and disposal: 
       Indefinite.
     System manager(s) and address:
       The Inspector General, Federal Election Commission, Washington, 
   DC 20463, (202/219-4267).
     Notification procedure:
       Refer to Commission access regulations at 11 CFR 1.1 et seq., 41 
   FR 43064 (1976).
     Record access procedures: 
       Same as above.
     Contesting record procedures: 
       Same as above.
     Record source categories: 
       Complaints, subjects, third parties who have been requested to 
   produce relevant information, referring agencies.
     Systems exempted from certain provisions of the act: 
       With respect to investigations, the system is exempt pursuant to 
   5 U.S.C. 552a(k)(2).
       Systems exempted:
       System exempt under 5 U.S.C. 552a(j)(2) and 5 U.S.C. 552a(k)(2). 
   See 11 CFR 1.14.

   #.FEDERAL ELECTIONS COMMISSION


Title 11-Federal Elections

Chapter I-Federal Elections Commission

PART 1--PRIVACY ACT

Sec.

1.1  Purpose and scope.
1.2  Definitions.
1.3  Procedures for requests pertaining to individual records in a 
    record system.
1.4  Times, places, and requirements for identification of individuals 
    making requests.
1.5  Disclosure of requested information to individuals.
1.6  Special procedure: Medical records [Reserved].
1.7  Request for correction or amendment to record.
1.8  Agency review of request for correction or amendment of record.
1.9  Appeal of initial adverse agency determination on amendment or 
    correction.
1.10  Disclosure of record to person other than the individual to whom 
    it pertains.
1.11  Fees.
1.12  Penalties.
1.13  General exemptions. [Reserved]
1.14  Specific exemptions.

  Authority: 5 U.S.C. 552a.

  Source: 41 FR 43064, Sept. 29, 1976, unless otherwise noted.


   Sec. 1.1   Purpose and scope.

  (a) The purpose of this part is to set forth rules informing the 
public as to what information is maintained by the Federal Election 
Commission about identifiable individuals and to inform those 
individuals how they may gain access to and correct or amend information 
about themselves.
  (b) The regulations in this part carry out the requirements of the 
Privacy Act of 1974 (Pub. L. 93-579) and in particular 5 U.S.C. 552a as 
added by that Act.
  (c) The regulations in this part apply only to records disclosed or 
requested under the Privacy Act of 1974, and not to requests for 
information made pursuant to 5 U.S.C. 552, the Freedom of Information 
Act, or requests for reports and statements filed with the Federal 
Election Commission which are public records and available for 
inspection and copying pursuant to 2 U.S.C. 437g(a)(4) (C) and 
438(a)(4).


   Sec. 1.2   Definitions.

  As defined in the Privacy Act of 1974 and for the purposes of this 
part, unless otherwise required by the context, the following terms 
shall have these meanings:
  ``Individual'' means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
  ``Maintain'' includes maintain, collect, use or disseminate.
  ``Record'' means any item, collection, or grouping of information 
about an individual that is maintained by an agency, including but not 
limited to his or her education, financial transactions, medical 
history, and criminal or employment history and that contains his or her 
name, or the identifying number, symbol or other identifying particular 
assigned to the individual, such as finger or voice print or a 
photograph.
  ``Systems of Records'' means a group of any records under the control 
of the Federal Election Commission from which information is retrieved 
by the name of the individual or by some identifying number, symbol, or 
other identifying particular assigned to the individual.
  ``Routine use'' means the use of such record for a purpose compatible 
with the purpose for which the information was collected.
  ``Commission'' means the Federal Election Committee, its Commissioners 
and employees.
  ``Commissioners'' means the six appointees confirmed by the Senate who 
are voting members of the Commission.
  ``Act'' means the Federal Election Campaign Act of 1971, as amended 
and Chapters 95 and 96 of the Internal Revenue Code of 1954.


   Sec. 1.3   Procedures for requests pertaining to individual records 
   in a record system.

  (a) Any individual may request the Commission to inform him or her 
whether a particular record system named by the individual contains a 
record pertaining to him or her. The request may be made in person or in 
writing at the location and to the person specified in the notice 
describing that record system.
  (b) An individual who believes that the Commission maintains records 
pertaining to him or her but who cannot determine which record system 
contains those records, may request assistance by mail or in person from 
the Staff Director, Federal Election Commission, 999 E Street, NW, 
Washington, DC 20463 during the hours of 9 a.m. to 5:30 p.m.
  (c) Requests under paragraph (a) or (b) of this section shall be 
acknowledged by the Commission within 15 days from the date of receipt 
of the request. If the Commission is unable to locate the information 
requested under paragraph (a) or (b) of this section, it shall so notify 
the individual within 15 days after receipt of the request. Such 
acknowledgement may request additional information to assist the 
Commission in locating the record or it may advise the individual that 
no record or document exists about that individual.

[41 FR 43064, Sept. 29, 1976, as amended at 50 FR 50778, Dec. 12, 1985]


   Sec. 1.4   Times, places, and requirements for identification of 
   individuals making requests.

  (a) After being informed by the Commission that a record system 
contains a record pertaining to him or her, an individual may request 
the Commission to disclose that record in the manner described in this 
section. Each request for the disclosure of a record or a copy of it 
shall be made at the Federal Election Commission, 999 E Street, NW, 
Washington, DC 20463 and to the system manager identified in the notice 
describing the systems of records, either in writing or in person. 
Requests may be made by specifically authorized agents or by parents or 
guardians of individuals.
  (b) Each individual requesting the disclosure of a record or copy of a 
record shall furnish the following information with his or her request:
  (1) The name of the record system containing the record;
  (2) Proof as described in paragraph (c) of this section that he or she 
is the individual to whom the requested record relates;
  (3) Any other information required by the notice describing the record 
system.
  (c) Proof of identity as required by paragraph (b)(2) of this section 
shall be provided as described in paragraph (c)(1) and (2) of this 
section. Requests made by an agent, parent, or guardian, shall be in 
accordance with the procedures described in Sec. 1.10.
  (1) Requests made in writing shall include a statement, signed by the 
individual and either notarized or witnessed by two persons (including 
witnesses' addresses). If the individual appears before a notary, he or 
she shall submit adequate proof of identification in the form of a 
drivers license, birth certificate, passport or other identification 
acceptable to the notary. If the statement is witnessed, it shall 
include a sentence above the witnesses' signatures that they personally 
know the individual or that the individual has submitted proof of his or 
her identification to their satisfaction. In any case in which, because 
of the extreme sensitivity of the record sought to be seen or copied, 
the Commission determines that the identification is not adequate, it 
may request the individual to submit additional proof of identification.
  (2) If the request is made in person, the requestor shall submit proof 
of identification similar to that described in paragraph (c)(1) of this 
section, acceptable to the Commission. The individual may have a person 
of his or her own choosing accompany him or her when the record is 
disclosed.

[41 FR 43064, Sept,. 29, 1976, as amended at 50 FR 50778, Dec. 12, 1985]


   Sec. 1.5   Disclosure of requested information to individuals.

  (a) Upon submission of proof of identification as required by 
Sec. 1.4, the Commission shall allow the individual to see and/or obtain 
a copy of the requested record or shall send a copy of the record to the 
individual by registered mail. If the individual requests to see the 
record, the Commission may make the record available either at the 
location where the record is maintained or at a place more suitable to 
the requestor, if possible. The record shall be made available as soon 
as possible but in no event later than 15 days after proof of 
identification.
  (b) The Commission must furnish each record requested by an individual 
under this part in a form intelligible to that individual.
  (c) If the Commission denies access to a record to an individual, he 
or she shall be advised of the reason for the denial and advised of the 
right to judicial review.
  (d) Upon request, an individual will be provided access to the 
accounting of disclosures from his or her record under the same 
procedures as provided above and in Sec. 1.4.


   Sec. 1.6   Special procedure: Medical records. [Reserved]


   Sec. 1.7   Request for correction or amendment to record.

  (a) Any individual who has reviewed a record pertaining to him or her 
that was furnished under this part, may request the Commission to 
correct or amend all or any part of that record.
  (b) Each individual requesting a correction or amendment shall send 
the request to the Commission through the person who furnished the 
record.
  (c) Each request for a correction or amendment of a record shall 
contain the following information:
  (1) The name of the individual requesting the correction or amendment;
  (2) The name of the system of records in which the record sought to be 
amended is maintained;
  (3) The location of the system of records from which the individual 
record was obtained;
  (4) A copy of the record sought to be amended or corrected or a 
sufficiently detailed description of that record;
  (5) A statement of the material in the record that the individual 
desires to correct or amend;
  (6) 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 correction or amendment sought.


   Sec. 1.8   Agency review of request for correction or amendment of 
   record.

  (a) The Commission shall, not later than ten (10) days (excluding 
Saturdays, Sundays and legal holidays) after the receipt of the request 
for a correction or amendment of a record under Sec. 1.7, acknowledge 
receipt of the request and inform the individual whether information is 
required before the correction or amendment can be considered.
  (b) If no additional information is required, within ten (10) days 
from receipt of the request, the Commission shall either make the 
requested correction or amendment or notify the individual of its 
refusal to do so, including in the notification the reasons for the 
refusal, and the appeal procedures provided in Sec. 1.9.
  (c) The Commission shall make each requested correction or amendment 
to a record if that correction or amendment will tend to negate 
inaccurate, irrelevant, untimely, or incomplete matter in the record.
  (d) The Commission shall inform prior recipients of any amendment or 
correction or notation of dispute of such individual's record if an 
accounting of the disclosure was made. The individual may request a list 

Pages: << Prev 1 2 3 4 5 6 Next >>

Other Popular 1995 Privacy Act Documents Documents:

1 Privacy Act: [ USDA/FS-48] YCC Long-term Benefit Evaluation, USDA/FS....
2 Privacy Act: [FCC/FOB-1] Radio Operator Records....
3 Privacy Act: [ 09-90-1101] Optional Form 55 Cards Issuance Log, HHS/OS/RIX/ ORD/DAS....
4 Privacy Act: [INTERIOR/BIA-24] Timber Cutting and Fire Trespass Claims Case Files--Interior, BIA-24....
5 Privacy Act: [ EIB--10] EIB Garage Space Application....
6 Privacy Act: [FEDERAL HOUSING FINANCE BOARD]...
7 Privacy Act: [ ``source categories'' in this Systems' Notice.]...
8 Privacy Act: [ BGFRS--12] FRB--Biographical File of Federal Personnel....
9 Privacy Act: [A.I.D.--2] Civil Service Employee Office Personnel Records....
10 Privacy Act: [CO-22] Mask Work Recorded Documents Files....
11 Privacy Act: [FMCS--IV] Arbitrator Personal Data File....
12 Privacy Act: []...
13 Privacy Act: [NSF--19] Medical Examination Records for Service in Antarctica....
14 Privacy Act: [Treasury/Customs .061]...
15 Privacy Act: [POSTAL RATE COMMISSION]...
16 Privacy Act: [ NARA 4] National Archives Committees Files....
17 Privacy Act: [OPM/CENTRAL-9] Personnel Investigations Records....
18 Privacy Act: [PBGC-4]...
19 Privacy Act: [ACDA--3] Security Records--ACDA....
20 Privacy Act: [Treasury/ATF .007]...
21 Privacy Act: [ACTION-4] ACTION Domestic Full-Time Volunteer Personnel File....
22 Privacy Act: [SBA 010] Advisory Council Files--SBA 010....
23 Privacy Act: [NIGC-1] Indian Gaming Individuals Record System....
24 Privacy Act: [ FMC-16] Classification Appeals File-FMC....
25 Privacy Act: [CIA--51] Security Duty Office Event Reports....
26 Privacy Act: [DOL/OSHA-13] OSHA Office of Training and Education Automated Registration System....
27 Privacy Act: [INTER-AMERICAN FOUNDATION]...
28 Privacy Act: [TABLE OF CONTENTS AND EDITORIAL NOTE]...
29 Privacy Act: [CPSC-17] Commissioned Officers Personal Data File--CPSC-17....
30 Privacy Act: [ JUSTICE/FCSC--16] Hungary Claims Against (1st Program)--FCSC....


Other Documents:

1995 Privacy Act Documents Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy