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Privacy Act: [INTERNATIONAL DEVELOPMENT COOPERATION AGENCY]...
<DOC> [2001 Privacy Act] [From the U.S. Government Printing Office via GPO Access] #.INTERNATIONAL DEVELOPMENT COOPERATION AGENCY 22 CFR PART 215--REGULATIONS FOR IMPLEMENTATION OF PRIVACY ACT OF 1974 Sec. 215.1 Purpose and scope. 215.2 Definitions. 215.3 Procedures for requests pertaining to individual records in a system of records. 215.4 Times, places and requirements for indentification of individuals making requests. 215.5 Access to requested information by individuals. 215.6 Special procedures: Medical records. 215.7 Request for correction of amendment of record. 215.8 Agency review of request for amendment of record. 215.9 Appeal of initial adverse agency determination. 215.10 Disclosure of record to person other than the individual to whom it pertains. 215.11 Fees. 215.12 Penalties and remedies. 215.13 General exemptions. 215.14 Specific exemptions. Authority: Sec. 621, Foreign Assistance Act of 1961, as amended, (22 U.S.C. 2381; 75 Stat. 445); secs. 3,4, Administrative Procedure Act (5 U.S.C. 553; 60 Stat. 237); Privacy Act of 1974 (Pub. L. 93-579; 5 U.S.C. 552a; 88 Stat. 1896). Source: 57 FR 38276, Aug. 24, 1992. Sec. 215.1 Purpose and scope. (a) It is the purpose and objective of the International Development Cooperation Agency and the Agency for International Development to collect information, revise personal data collection forms or processes, and maintain Agency records in a manner that will prevent an unwarranted invasion of privacy of those individuals who are the subject of Agency records. (b) These regulations establish the procedures by which an individual may obtain notification of the existence of Agency records pertaining to that individual, gain access to those records, request an amendment or correction to the records, and appeal adverse decisions to requests for amendment or correction of Agency records. (c) The Agency separately states and publishes in the Federal Register a public notice of the existence and character of systems maintained by the Agency, pursuant to the provisions of sections (e)(4) and (e)(11) of the Privacy Act of 1974 (5 U.S.C. 552a; 88 Stat. 1896). Sec. 215.2 Definitions. (a) Act means the Privacy Act of 1974 (5 U.S.C. 552a; 88 Stat. 1896); (b) Agency means the International Development Cooperation Agency or the Agency for International Development, its offices, bureaus, divisions, and posts abroad; (c) Amend shall include the amendment of a record; (d) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence; (e) Maintain includes maintain, collect, use or disseminate; (f) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (g) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (h) 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 section 8 of title 13; (i) System of Records means a group of any records under the control of any agency 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. Sec. 215.3 Procedures for requests pertaining to individual records in a system of records. (a) Requests for notification of access to or amendment of Agency records contained in a system of records pertaining to an individual may be made in person or by mail as follows: For the International Development Cooperation Agency-Assistant Director for Administration, International Development Cooperation Agency, Room 4889 New State, 2201 C Street, NW, Washington, DC 20523 Attention: Privacy Liaison Officer. For the Agency for International Development-Privacy Liaison Officer, Agency for International Development, Room 4889 New State, 2201 C Street, NW., Washington, DC 20523. (b) Such request should include information necessary to identify the record, e.g., the individual's full name, date of birth, place of birth, present mailing address, or system of record identification name and number, if known, and, to facilitate the retrieval of records contained in those systems of records which are retrieved by social security numbers, the social security number of the individual to whom the record pertains. (c) With respect to a system of records which may be maintained by the Agency in offices outside the United States, an individual may inquire whether he or she is the subject of an Agency record or may request access to or amendment of such records by appearing in person or by writing to the Privacy Liaison Officer, Agency for International Development, at the overseas missions. (d) The Assistant Director for Administration for requests to I.D.C.A. or the appropriate Privacy Liaison Officer for request to A.I.D., or their designees shall, within ten (10) working days of receipt of the request, furnish in writing to the requesting individual notice of the existence or nonexistence of any records described in the request. Sec. 215.4 Times, places, and requirements for identification of individuals making requests. (a) Individuals making personal requests for notification, access or contest may do so at the place designated in paragraph (a) of Sec. 215.3, which is open 9 a.m. to 5 p.m. daily, except Saturdays, Sundays, and legal public holidays. (b) Individuals making personal requests for notification, access or contest at offices outside the United States may do so at the overseas missions during the regular business hours of those offices. (c) An individual requesting such information in person shall provide such personal identification as is reasonable under the circumstances to verify the individual's identity; e.g. driver's license, employee identification card or medicare card. (The identification should contain a photograph of the individual.) (d) An individual requesting such information by mail shall include in his or her request a signed notarized statement to verify his or her identity and which stipulates that the individual understands that knowingly or willfully seeking or obtaining access to records about another individual under false pretenses is punishable by a fine up to $5,000, as provided in section (i)(3) of the Act. (e) Verification of identity as set forth in paragraphs (c) and (d) of this section shall not be required of individuals seeking access to records otherwise available to members of the public under the Freedom of Information Act (5 U.S.C. 552; 88 Stat. 1561). (f) An individual who wishes to be accompanied by another person when reviewing a record shall furnish the Agency with a written statement authorizing discussion of his or her record in the presence of the accompanying person. Such statement need not contain any reasons for the access or for the accompanying person's presence. Sec. 215.5 Access to requested information by individuals. (a) Upon receipt of a request by an individual made in accordance with the provisions of Sec. 215.3, such individual shall be granted access to any record pertaining to him or her which is contained in a system of records maintained by the Agency subject to exemptions discussed in Secs. 215.13 and 215.14. (b) Notwithstanding the provisions of paragraph (a) of this section, access will not be allowed an individual to information or records compiled by the Agency in reasonable anticipation of a civil or criminal action or proceeding. (c) Whenever possible, access to requested records will be granted; (1) Where the request is presented in person and the record is readily available, promptly upon receipt of the request for access, determination that access to the record may be granted, verification of the identity of the individual seeking access, and, where applicable, receipt of consent to discuss the record with a person accompanying the individual; (2) Where the request is made by mail, the record will, whenever possible, be provided within ten (10) working days of receipt of the request. (d) Where access to a record cannot reasonably be granted as provided in paragraphs (c)(1) and (2) of this section, the Agency will acknowledge in writing receipt of the request for access and indicate a reasonable time within which access to the record can be granted. (e) Where no reasonable means exist for an individual to have access to his or her record in person, a copy of the record must be provided through the mail. Sec. 215.6 Special procedure: Medical records. If the Assistant Director for Administration or the Privacy Liaison Officer, determines that the release directly to the individual of medical records maintained by the Agency could have an adverse effect upon such individual, the Director/Officer will attempt to arrange an alternative acceptable to both the individual and Agency (such as the release of said information to a doctor named by the individual) in granting access to such record. Sec. 215.7 Request for correction or amendment of record. (a) An individual may request the Agency to correct or amend a record pertaining to him or her which the individual believes is not accurate, relevant, timely or complete. (b) Such request must be in writing and must be presented, in person or by mail to the addresses listed in Sec. 215.3(a). (c) Such requests must set forth the following information: (1) Identification of the system of records in which the particular record is maintained; (2) The portion(s) of the record to be amended or corrected; (3) The desired amendment or correction; and (4) The reasons for the amendment or correction. The request must be accompanied by evidence, documentation, or other information in support of the request. (d) Assistance in preparing a request to amend a record may be obtained from the officials listed in Sec. 215.3(a). Sec. 215.8 Agency review of requests for amendment of record. (a) The Agency will examine the information requested to be amended to determine its accuracy, timeliness, completeness, and its relevancy and necessity to accomplish a purpose of the Agency required to be accomplished by statute or by executive order. (b) Within ten (10) working days after the receipt by the Assistant Director for Administration or the Privacy Liaison Officer, of a request made in accordance with this section, the Assistant Director for Administration or the Privacy Liaison Officer shall acknowledge in writing such receipt and shall, after examination in accordance with the provisions of paragraph (a) of this section, promptly either: (1) Make any amendment of any portion thereof which the individual believes is not accurate, relevant, timely or complete, and notify the individual of the amendment made; or (2) Inform the individual of the Agency's refusal to amend the record in accordance with the request, the reason(s) for the refusal, and the procedures established by the Agency for the individual to request a review of that refusal. (c) If the Agency agrees with the individual's request to amend a record, in addition to proceeding as set forth in paragraph (b)(1) of this section, it shall promptly advise all previous recipients of the record of the fact that the amendment was made and the substance of the amendment where an accounting of disclosures has been made. (d) If unusual circumstances prevent the completion of Agency action on the request to amend within 30 days after the receipt thereof by the Assistant Director for Administration or the Privacy Liaison Officer, the individual will be promptly advised of the delay, the reasons for the delay, and of the date by which the review is expected to be completed. (e) If the Agency, after its initial examination of the record and the request for Amendment, disagrees with all or any part of the individual's request to amend it shall: (1) To the extent the Agency agrees with any part of the individual's request to amend, proceed as described in paragraphs (b)(1) and (c) of this section; (2) Advise the individual of its refusal and the reason(s) therefor; (3) Inform the individual that he or she may request a further review by the Director or the Administrator, or their designees; and (4) Describe the procedures for requesting such review, including the name and address of the official to whom the request should be directed. (f) No part of these regulations shall be construed to permit: (1) The alteration of evidence presented in the course of judicial, quasi-judicial or quasi-legislative proceedings; (2) Collateral attack upon any matter which has been the subject of judicial or quasi-judicial action; or (3) An amendment or correction which would be in violation of an existing statute, executive order or regulation. Sec. 215.9 Appeal of initial adverse agency determination. (a) An individual who disagrees with the denial or partial denial of his or her request to amend a record may file a request for review of such refusal within 60 days after the date of notification of the denial or partial denial. (b) The request for review must be in writing and may be presented in person or by mail to: Director, International Development Cooperation Agency, 2201 C Street, NW, Washington, DC 20523. Attention: Privacy Review Request. Director, Office of External Affairs, Agency for International Development, 2201 C Street, NW, Washington, DC 20523. Attention: Privacy Review Request. Both the envelope and the letter should be clearly marked: Attention: Privacy Review Request. Such request should include any documentation, information or statements advanced for the amendment of the record, and a copy of the initial adverse determination. (c) Upon receipt of the request for review, the Director or the Assistant Administrator, or an officer of the Agency designated in writing by the Director or Administrator, shall undertake an independent review of the initial determination. (d) If someone other than the Director or the Assistant Administrator is designated to conduct the review, he or she shall be an officer who is organizationally independent of or senior to the officer or employee who made the initial determination. (e) In conducting the review, the reviewing official, may at his or her option, request such additional information as is deemed necessary to establish that the record contains only that information which is accurate, timely, complete and necessary to assure fairness in any determination which may be made about the individual on the basis of the record. (f) Within 30 days after receipt of the request for review, the Director, the Assistant Administrator, or the official designated to conduct the review, shall advise the individual of the Agency's final
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