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[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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