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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
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