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Privacy Act: [FEDERAL HOUSING FINANCE BOARD]...
FOI/PA, Boyers, Pennsylvania 16018. Contesting record procedures: Requests for amendment of a record shall be directed to Executive Secretary, Federal Housing Finance Board, 1777 F Street NW., Washington, DC 20006, in accordance with the procedures set forth in 12 CFR part 909. Record source categories: Subject individual; police, military, or naval reports; former employees; and references supplied to the Personnel Security Officer by the subject individual. Exemptions claimed for the system: Records contained in this system are exempt from disclosure, pursuant to the provisions 5 U.S.C. 552a(k)(5), to the extent that disclosure would reveal the identity of a source who furnished information to the government under an express promise that the identification of the source would be held in confidence, or, prior to September 1, 1975, under an implied promise that the identity of the source would be held in confidence. #.FEDERAL HOUSING FINANCE BOARD FEDERAL H0USING FINANCE BOARD PART 909--PRIVACY ACT PROCEDURES Sec. 909.1 General. 909.2 Definitions. 909.3 Procedures for requesting individual records in a system of records; appeal of denials. 909.4 Time, place and identification requirements for requests. 909.5 Disclosure of requested records. 909.6 Procedures for requesting amendment to a record in a system of records; appeal of denials. 909.7 Fees. 909.8 Penalties. 909.9 Exemptions. Authority: 5 U.S.C. 552a. Source: 58 FR 19205, Apr. 13, 1993. Sec. 909.1 General. (a) Purpose. This part implements the provisions of the Privacy Act, 5 U.S.C. 552a, which require each executive agency to promulgate regulations for the protection of the privacy of individuals on whom the agency maintains information that is retrieved by reference to an individual's name or an identifying particular assigned to the individual. (b) Scope. These regulations establish procedures by which: an individual may seek access under the Privacy Act to records pertaining to him or her, may request correction or amendment of such records, or may seek an accounting of disclosures of such records maintained by the agency. Sec. 909.2 Definitions. As used in this part: (a) Amendment means any correction, addition or deletion of information contained in a record, as defined in paragraph (g) of this section. (b) Board of Directors means the five member governing Board of Directors of the Federal Housing Finance Board. (c) Business days means all days except Saturdays, Sundays, or Federal Government holidays. (d) Finance Board means the Federal Housing Finance Board. (e) Individual means a natural person who is either a citizen of the United States of America or an alien lawfully admitted to the United States for permanent residence. The term includes the parent(s) having custody of any minor or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction. (f) Maintain means to keep or hold and preserve in an existing state, and includes the terms ``collect,'' ``use,'' ``disseminate'' and ``control.'' (g) Record means any item, collection, or grouping of information about an individual that is maintained by the Finance Board within a system of records, and that contains such individual's name, or identifying number, symbol, or other identifying particular assigned to the individual, including a fingerprint, voice print or photograph. (h) Records systems manager means the employee responsible for maintaining a designated system of records at the Finance Board, as such official or employee may be identified through public notice in the Federal Register from time to time by the Finance Board entitled: ``Privacy Act of 1974: Systems of Records.'' (i) Routine use means the use of a record for a purpose compatible with the purpose for which it was originally created. (j) System of records means a group of records maintained or controlled by the Finance Board from which information is or may be retrieved by the name of an individual or some identifying number, symbol or other identifying particular assigned to the individual. (k) Designated system of records means a system of records, as defined in paragraph (j) of this section, that has been listed in the Federal Register as required by 5 U.S.C. 552a(e). Sec. 909.3 Procedures for requesting individual records in a system of records; appeal of denials. (a) Current or former employees. Any current or former Finance Board employee seeking access to such employee's official personnel record maintained by the Finance Board shall submit a request to the Finance Board in the manner prescribed by regulations of the Office of Personnel Management, at title 5, Code of Federal Regulations. (b) Other requests. Other requests for access to a record that contains information on the requesting individual and is maintained in a Finance Board designated system of records shall be writing, shall contain a reasonable, succinct description of the record sought, and shall identify the particular designated system of records in which the record may be maintained, as identified in a notice published by the Finance Board from time to time in the Federal Register. (c) Accounting for previous disclosures. An individual may use the procedures of this section to request an accounting from the Finance Board of previous disclosures of records pertaining to such individual in a designated system of records, pursuant to the Privacy Act, 5 U.S.C. 552a(c). (d) Medical records procedures. Information on an individual contained in medical records will be disclosed to a requesting individual in accordance with the procedures in paragraph (b) of this section and the requirements of this part, except, if in the judgment of the Finance Board the disclosure of such information could have an adverse effect on the individual, the Finance Board may withhold such information from the individual and transmit it to a licensed medical physician named by the requesting individual. (e) Response policy. The Finance Board will acknowledge, or substantially respond to if practicable, a request made under this section within ten (10) business days of its receipt. (f) Initial review. (1) The Executive Secretary will make the initial determination whether to grant or deny a request for records under this part, after consultation with the systems manager of the appropriate designated system of records. (2) The Executive Secretary will notify the requesting individual whether the Finance Board: (i) Has the requested record in a Finance Board designated system of records; and (ii) Will release the requested record or not. (3) If the request is denied, the Executive Secretary will inform the requesting individual of the reasons for nondisclosure, and describe the individual's right to appeal the determination. (g) Appeal process. (1) An individual who has been denied a request made pursuant to paragraph (b) of this section, may appeal to the Board of Directors, or designee, within 30 business days of being notified of the denial pursuant to paragraph (f) of this section. (2) The appeal shall be in writing, shall be mailed or delivered to the Executive Secretary, and shall give the reasons why the initial determination should be overturned. (3) The Board of Directors, or such official designated by the Board of Directors, shall decide on the appeal within 30 business days following receipt of the appeal by the Executive Secretary. The Board of Directors or designated official may extend the time period for good cause, after giving notice, and reason therefor, to the individual making the appeal. (4) If a decision is made to affirm the initial denial of a request for a record by an individual, the Board of Directors or designated official shall notify the individual making the appeal of the decision and the reason therefor, and shall inform the individual of the right of judicial review of the appeal. Sec. 909.4 Time, place and identification requirements for requests. (a) Time. An individual may hand deliver a written request for access to or amendment of records, made under Sec. 909.3(b) or Sec. 909.6 of this part, to the Finance Board on any business day, between the hours of 8:30 a.m. and 5:30 p.m. (b) Place. All written requests for access to or amendment of records shall be mailed or hand delivered to the Executive Secretary, Federal Housing Finance Board, 1777 F Street, NW, Washington, DC 20006. (c) Identification.--(1) Mailed requests. All requests for access to or amendment of records that are mailed to the Finance Board shall be signed by the individual who is the subject of the requested record and who is making the request. The validity of each such signature shall be attested to by a notary public. (2) Hand delivered requests. All requests for access to or amendment of records that are hand delivered to the Finance Board by the requesting individual shall be authenticated as to the identity of the requesting individual by two forms of identification with photographs, or by one such form of identification and a properly authenticated birth certificate. Sec. 909.5 Disclosure of requested record. (a) Requesting individual. Except to the extent that records pertaining to an individual are exempt from disclosure under Sec. 909.9 of this part, or were compiled in reasonable anticipation of a civil action or proceedings, the Finance Board will make such records available upon request, pursuant to Sec. 909.3 of this part in either of the following methods, at the option of the requesting individual: (1) By mailing a copy of the record to the address of the requesting individual; or (2) By making the record available for inspection and copying by the requesting individual, as soon as practicable, at the offices of the Executive Secretary on regular business days, from 9:30 a.m. until 4:30 p.m. The requesting individual may choose to be accompanied by another person during the inspection and copying by submitting a signed statement authorizing the presence of such person. (b) Other individuals. (1) The Finance Board will disclose a record to a person or entity other than the requesting individual, in the manner provided by paragraph (a) of this section, only when the Finance Board: (i) Receives a copy of a written authorization for disclosure to such person or entity signed by the requesting individual and attested to by a notary public; and (ii) Receives adequate identification from such person or entity. (2) The restrictions contained in paragraph (b)(1) of this section on disclosure of a record shall not apply to: (i) A disclosure to Finance Board officers or employees who have a need for the record in the performance of their duties; (ii) A disclosure otherwise required by the Freedom of Information Act (5 U.S.C. 552); (iii) A routine use listed with respect to a designated system of records; (iv) A disclosure to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the United States Code; (v) A disclosure to a recipient who has provided the Finance Board with advance written assurance that the record will be used solely as a statistical research or reporting record, and that the record is to be transferred in a form that is not individually identifiable; (vi) A disclosure to the National Archives and Records Administration as a record with sufficient historical or other value to warrant its continued preservation by the Federal Government or for evaluation by the Archivist of the United States to determine whether it has such value. (vii) A disclosure to another agency or to an instrumentality of any government jurisdiction within or under the control of the United States for civil or criminal law enforcement activity authorized by law if the head of such agency or instrumentality has made a written request to the Finance Board specifying the particular record requested and the law enforcement activity for which it is sought; (viii) A disclosure to any person pursuant to a showing of compelling circumstances affecting the health and safety of an individual if notification of the disclosure is transmitted to the last known address of the individual who is the subject of the disclosed record; (ix) A disclosure to a joint committee of Congress, or any subcommittee thereof, or to either House of Congress, or to any committee or joint committee, or subcommittee thereof, but only to the extent of matter within such joint committee's, committee's or subcommittee's jurisdiction; (x) A disclosure to the Comptroller General, or authorized representative, made in the course of performing the duties of the General Accounting Office. (xi) Pursuant to the order of a court of competent jurisdiction; or (xii) To a consumer reporting agency in accordance with 31 U.S.C. 3711(f). (c) The Finance Board, with respect to each system of records under its control shall: (1) Except for disclosures made under paragraphs (b)(1) or (b)(2) of this section, keep an accurate accounting of: (i) The date, nature, and purpose of each disclosure of a record to any person or to another agency made under paragraph (b) of this section; and (ii) The name and address of the person or agency to whom the disclosure is made; (2) Retain the accounting made under paragraph (c)(1) of this section for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made; and (3) Except for disclosures made under paragraph (b)(2)(vii) of this section, make the accounting made under paragraph (c)(1) of this section available to the individual named in the record at his or her request. (4) When a record has been amended or corrected or when a statement of disagreement has been filed, the Finance Board will advise all prior recipients of the affected record whose identities may be determined pursuant to the disclosure accountings required by the Privacy Act or any other accounting previously made, of the amendment or correction or the filing of the statement of disagreement. Any disclosure of disputed information occurring after a statement of disagreement has been filed will clearly identify the specific information disputed and be accompanied by a copy of the statement of disagreement and a copy of the statement of explanation, if any, as set forth in Sec. 909.6 of this part. Sec. 909.6 Procedures for requesting amendment to a record in a system of records; appeal of denials. (a) Scope. This section applies only to amendment of records on an individual maintained in a Finance Board system of records used in making a determination about such individual. (b) Individual request. (1) Any individual may request the Finance Board to amend any portion of a record in a designated system of records pertaining to that individual, where such portion of the record is not accurate, relevant, timely or complete. (2) A request to amend a record pursuant to this section shall be in writing, shall identify the particular designated system of records containing the record which the individual requests to amend and the portion of that record to be amended, and shall describe the reasons for the requested amendment. (c) Prior proceeding. Nothing in this section shall permit a collateral attack upon any matter decided in a prior judicial, quasi- judicial or other proceeding. (d) Response policy. The Finance Board shall acknowledge, or substantially reply to, if practicable, a request for amendment of records under this section. (e) Initial review. (1) The Executive Secretary shall acknowledge all
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