PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act
 

Sec. 4.25  Disclosure of requested records to individuals.

    (a)(1) The responsible Privacy Officer shall act promptly upon each
request. Every effort will be made to respond within ten working days
(i.e., excluding Saturdays, Sundays and legal public holidays) of the
date of receipt. If a response cannot be made within ten working days
due to unusual circumstances, the Privacy Officer shall send an
acknowledgment during that period providing information on the status
of the request and asking for any further information that may be
necessary to process the request. ``Unusual circumstances'' shall
include circumstances in which:
    (i) A search for and collection of requested records from inactive
storage, field facilities or other establishments is required;
    (ii) A voluminous amount of data is involved;
    (iii) Information on other individuals must be separated or
expunged from the particular record; or

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    (iv) Consultations with other agencies having a substantial
interest in the determination of the request are necessary.
    (2) If the Privacy Officer fails to send an acknowledgment within
ten working days, as provided in paragraph (a)(1) of this section, the
requester may ask the Assistant General Counsel for Administration to
take corrective action. No failure of a Privacy Officer to send an
acknowledgment shall confer administrative finality for purposes of
judicial review.
    (b) Grant of access: (1) Notification. An individual shall be
granted access to a record pertaining to him or her, unless the
provisions of paragraph (g)(1) of this section apply. The Privacy
Officer shall notify the individual of a determination to grant access,
and provide the following information:
    (i) The methods of access, as set forth in paragraph (b)(2) of this
section;
    (ii) The place at which the record may be inspected;
    (iii) The earliest date on which the record may be inspected and
the period of time that the records will remain available for
inspection. In no event shall the earliest date be later than thirty
calendar days from the date of notification;
    (iv) The estimated date by which a copy of the record will be
mailed and the fee estimate pursuant to Sec. 4.31. In no event shall
the estimated date be later than thirty calendar days from the date of
notification;
    (v) The fact that the individual, if he or she wishes, may be
accompanied by another individual during personal access, subject to
the procedures set forth in paragraph (f) of this section; and,
    (vi) Any additional prerequisites for granting access to a specific
record.
    (2) Methods of access. The following methods of access to records
by an individual may be available depending on the circumstances of a
given situation:
    (i) Inspection in person may be had in the office specified by the
Privacy Officer granting access, during the hours indicated in Appendix
A to this part;
    (ii) Transfer of records to a Federal facility more convenient to
the individual may be arranged, but only if the Privacy Officer
determines that a suitable facility is available, that the individual's
access can be properly supervised at that facility, and that
transmittal of the records to that facility will not unduly interfere
with operations of the Department or involve unreasonable costs, in
terms of both money and manpower; and,
    (iii) Copies may be mailed at the request of the individual,
subject to payment of the fees prescribed in Sec. 4.31. The Department,
at its own initiative, may elect to provide a copy by mail, in which
case no fee will be charged the individual.
    (c) Access to medical records is governed by the provisions of
Sec. 4.26.
    (d) The Department shall supply such other information and
assistance at the time of access as to make the record intelligible to
the individual.
    (e) The Department reserves the right to limit access to copies and
abstracts of original records, rather than the original records. This
election would be appropriate, for example, when the record is in an
automated data medium such as tape or disc, when the record contains
information on other individuals, and when deletion of information is
permissible under exemptions (for example, 5 U.S.C. 552a(k)(2)). In no
event shall original records of the Department be made available to the
individual except under the immediate supervision of the Privacy
Officer or his or her designee.
    (f) Any individual who requests access to a record pertaining to
that individual may be accompanied by another individual of his or her
choice. ``Accompanied'' includes discussing the record in the presence
of the other individual. The individual to whom the record pertains
shall authorize the presence of the other individual in writing. The
authorization shall include the name of the other individual, a
specific description of the record to which access is sought, the
Department control number assigned to the request, the date, and the
signature of the individual to whom the record pertains. The other
individual shall sign the authorization in the presence of the Privacy
Officer. An individual shall not be required to state a reason or
otherwise justify his or her decision to be accompanied by another
individual during personal access to a record.
    (g) Initial denial of access: (1) Grounds. Access by an individual
to a record that pertains to that individual will be denied only upon a
determination by the Privacy Officer that:
    (i) The record is exempt under Sec. 4.33 or 4.34, or exempt by
determination of another agency publishing notice of the system of
records, as described in Sec. 4.23(f);
    (ii) The record is information compiled in reasonable anticipation
of a civil action or proceeding;
    (iii) The provisions of Sec. 4.26 pertaining to medical records
temporarily have been invoked; or,
    (iv) The individual unreasonably has failed to comply with the
procedural requirements of this part.
    (2) Notification. The Privacy Officer shall give notice of denial
of access to records to the individual in writing, and the notice shall
include the following information:
    (i) The Privacy Officer's name and title or position;
    (ii) The date of the denial;
    (iii) The reasons for the denial, including citation to the
appropriate section of the Act and this part;
    (iv) The individual's opportunities, if any, for further
administrative consideration, including the identity and address of the
responsible official. If no further administrative consideration within
the Department is available, the notice shall state that the denial is
administratively final; and,
    (v) If stated to be administratively final within the Department,
the individual's right to judicial review provided under 5
U.S.C.552a(g)(1), as limited by 5 U.S.C. 552a(g)(5).
    (3) Administrative review. If a Privacy Officer issues an initial
denial of a request, the individual's opportunities for further
consideration shall be as follows:
    (i) As to denial under paragraph (g)(1)(i) of this section, two
opportunities for further consideration are available in the
alternative:
    (A) If the individual contests the application of an exemption to
the records, the review procedures in Sec. 4.25(g)(3)(ii) shall apply;
or,
    (B) If the individual challenges the validity of the exemption
itself, the individual must file a petition for the issuance,
amendment, or repeal of a rule under 5 U.S.C. 553(e). If the exemption
was determined by the Department, such petition shall be filed with the
Assistant Secretary for Administration. If the exemption was determined
by another agency (as described in Sec. 4.23(f)), the Department will
provide the individual with the name and address of the other agency
and any relief sought by the individual shall be that provided by the
regulations of the other agency. Within the Department, no such denial
is administratively final until such a petition has been filed by the
individual and disposed of on the merits by the Assistant Secretary for
Administration.
    (ii) As to denial under paragraphs (g)(1)(ii) of this section,
(g)(1)(iv) of this section or (to the limited extent provided in
paragraph (g)(3)(i)(A) of this section) paragraph (g)(1)(i) of this
section, the individual may file for review with the Assistant General
Counsel for Administration, as

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indicated in the Privacy Officer's initial denial notification. The
individual and the Department shall follow the procedures in Sec. 4.28
to the maximum extent practicable.
    (iii) As to denial under paragraph (g)(1)(iii) of this section, no
further administrative consideration within the Department is available
because the denial is not administratively final until expiration of
the time period indicated in Sec. 4.26(a).
    (h) If a request is partially granted and partially denied, the
Privacy Officer shall follow the appropriate procedures of this section
as to the records within the grant and the records within the denial.