Subpart 105-64.1-Policies and 105-64.101 Who is responsible for enforcing 105-64.103 What is GSA's policy on collecting and using information in a system of records? 105-64.104 What must the system manager tell me when soliciting information for a system of records? 105-64.105 When may Social Security Numbers (SSNs) be collected? 105-64.106 What is GSA's policy on information accuracy in a system of records? 105-64.107 What standards of conduct apply to employees with privacy-related responsibilities? 105-64.108 How does GSA safeguard personal information? 105-64.109 How does GSA handle other agencies' records? 105-64.110 When may GSA establish computer matching programs? 105-64.111 What is GSA's policy on directives that may conflict with these rules? 105-64.403 What happens when I submit a request to amend a record? 105-64.404 How do I agree to an alternative amendment? 105-64.405 Can I appeal a denial to amend a record? 105-64.406 How will my appeal be handled? 105-64.407 How do I file a Statement of Dis agreement? 105-64.408 What is my recourse to a denial decision? Subpart 105-64.5-Disclosure of Records 105 64.501 Under what conditions may a record be disclosed without my consent? 105-64.502 How do I find out if my record has been disclosed? 105-64.503 What is an accounting of disclosures? 105-64.504 Under what conditions will I be denied an accounting of disclosures? Subpart 105-64.6—Establishing or Revising Systems of Records in GSA 105-64.601 Procedures for establishing system of records. Subpart 105-64.7-Assistance and Referrals 105-64.701 Submittal of requests for assistance and referrals. APPENDIX A TO PART 105-64-ADDRESSES FOR GEOGRAPHICALLY DISPERSED RECORDS AUTHORITY: 5 U.S.C. 552a. SOURCE: 71 FR 3782, Jan. 24, 2006, unless otherwise noted. § 105-64.000 What is the purpose of this part? This part implements the General Services Administration (GSA) rules under the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The rules cover the GSA systems of records from which information is retrieved by an individual's name or personal identifier. These rules set forth GSA's policies and procedures for accessing, reviewing, amending, and disclosing records covered by the Privacy Act. § 105-64.001 What terms are defined in this part? GSA defines the following terms to ensure consistency of use and understanding of their meaning under this part: Agency means any organization covered by the Privacy Act as defined in 5 U.S.C. 551(1) and 5 U.S.C. 552a (a)(1). GSA is such an agency. Individual means a citizen of the United States or a legal resident alien on whom GSA maintains Privacy Act records. An individual may be addressed as you when information is provided for the individual's use. System of records means a group of records from which information is retrieved by the name of an individual, or by any number, symbol, or other identifier assigned to that individual. Record means any item, collection, or grouping of information about an individual within a system of records which contains the individual's name or any other personal identifier such as number or symbol, fingerprint, voiceprint, or photograph. The information may relate to education, financial transactions, medical conditions, employment, or criminal history collected in connection with an individual's interaction with GSA. Request for access means a request by an individual to obtain or review his or her record or information in the record. Disclosure of information means providing a record or the information in a record to someone other than the individual of record. Exempt records means records exempted from access by an individual under the Privacy Act, subsections (j)(1), Central Intelligence Agency, (j)(2) and (k)(2), law enforcement, (k)(1), Section 552 (b)(1), (k)(3), protective services to the President, (k)(4), statistical records, (k)(5), employee background investigations, (k)(6), federal service disclosure, and (k)(7), promotion in armed services. Solicitation means a request by an officer or employee of GSA for an individual to provide information about himself or herself for a specified purpose. Routine use means disclosure of a record outside GSA for the purpose for which it is intended, as specified in the systems of records notices. Computer matching program means the computerized comparison of two or more Federal personnel or payroll systems of records, or systems of records used to establish or verify an individ ual's eligibility for Federal benefits or to recoup delinquent debts. System manager means the GSA associate responsible for a system of records and the information in it, as noted in the FEDERAL REGISTER Systems of records notices. Subpart 105-64.1-Policies and Responsibilities § 105-64.101 Who is responsible for enforcing these rules? GSA Heads of Services and Staff Offices and Regional Administrators are responsible for ensuring that all systems of records under their jurisdiction meet the provisions of the Privacy Act and these rules. System managers are responsible for the system(s) of records assigned to them. The GSA Privacy Act Officer oversees the GSA Privacy Program and establishes privacy-related policy and procedures for the agency under the direction of the GSA Senior Agency Official for Privacy. § 105-64.102 What is GSA's policy on disclosure of information in a system of records? No information contained in a Privacy Act system of records will be disclosed to third parties without the written consent of you, the individual of record, except under the conditions cited in § 105-64.501. § 105-64.103 What is GSA's policy on collecting and using information in a system of records? System managers must collect information that is used to determine your rights, benefits, or privileges under GSA programs directly from you whenever practical, and use the information only for the intended purpose(s). § 105-64.104 What must the system manager tell me when soliciting personal information? When soliciting information from you or a third party for a system of records, system managers must: cite the authority for collecting the information; say whether providing the information is mandatory or voluntary; give the purpose for which the information will be used; state the routine uses of the information; and describe the effect on you, if any, of not providing the information. Any information solicitation forms will contain this information. § 105-64.105 When may Social Security Numbers (SSNs) be collected? Statutory or regulatory authority must exist for collecting Social Security Numbers for record systems that use the SSNs as a method of identification. Systems without statutory or regulatory authority implemented after January 1, 1975, will not collect Social Security Numbers. § 105-64.106 What is GSA's policy on information accuracy in a system of records? System managers will ensure that all Privacy Act records are accurate, relevant, necessary, timely, and complete. $105-64.107 What standards of con duct apply to employees with privacy-related responsibilities? Employees who design, develop, operate, or maintain Privacy Act record systems will protect system security, avoid unauthorized disclosure of information, both verbal and written, and ensure that no system of records is maintained without public notice. All such employees will follow the standards of conduct in 5 CFR part 2635, 5 CFR part 6701, 5 CFR part 735, and 5 CFR part 2634 to protect personal information. § 105-64.108 How is personal information safeguarded? System managers will establish administrative, technical, and physical safeguards to ensure the security and confidentiality of records, protect the records against possible threats or hazards, and permit access only to authorized persons. Automated systems will incorporate security controls such as password protection, verification of identity of authorized users, detection of break-in attempts, firewalls, or encryption, as appropriate. § 105-64.109 How does GSA handle other agencies' records? In cases where GSA has either permanent or temporary custody of other agencies' records, system managers will coordinate with those agencies on any release of information. Office of Personnel Management (OPM) records that are in GSA's custody are subject to OPM's Privacy Act rules. § 105-64.110 When may GSA establish computer matching programs? System managers will establish computer matching programs or agreements for sharing information with other agencies only with the consent and under the direction of the GSA Data Integrity Board that will be established when and if computer matching programs are used at GSA. § 105-64.111 What is GSA's policy on directives that may conflict with these rules? These rules take precedence over any GSA directive that may conflict with the requirements stated here. GSA offiIcials will ensure that no such conflict exists in new or existing directives. Subpart 105-64.2-Access to Records § 105-64.201 How do I get access to my records? You may request access to your record in person or by writing to the system manager or, in the case of geographically dispersed records, to the office maintaining the records (see Appendix A). Parents or guardians may obtain access to records of minors or when a court has determined that the individual of record is incompetent. § 105-64.202 How do I request access in person? If appearing in person, you must properly identify yourself through photographic identification such as an agency identification badge, passport, or driver's license. Records will be available during normal business hours at the offices where the records are maintained. You may examine the record and be provided a copy on request. If you want someone else to accompany you when reviewing a record, you must first sign a statement authorizing the disclosure of the record; the statement will be maintained with your record. § 105-64.203 How do I request access in writing? If you request access in writing, mark both the envelope and the request letter "Privacy Act Request." Include in the request your full name and address; a description of the records you seek; the title and number of the system of records as published in the FEDERAL REGISTER; a brief description of the nature, time, and place of your association with GSA; and any other information you believe will help in locating the record. § 105-64.204 How do parents or guardians obtain access to records? If you are the parent or guardian of a minor, or of a person judicially determined to be incompetent, you must provide full information about the individual of record. You also must properly identify yourself and provide a copy of the birth certificate of the individual, or a court order establishing guardianship, whichever applies. § 105-64.205 Who will provide access to my record? The system manager will make a record available to you on request, unless special conditions apply, such as for medical, law enforcement, and security records. § 105-64.206 How long will it take to get my record? The system manager will make a record available within 10 workdays after receipt of your request. If a delay of more than 10 workdays is expected, the system manager will notify you in writing of the reason for the delay and when the record will be available. The system manager may ask you for additional information to clarify your request. The system manager will have an additional 10 workdays after receipt of the new information to provide the record to you, or provide another acknowledgment letter if a delay in locating the record is expected. § 105-64.207 Are there any fees? No fees are charged for records when the total fee is less than $25. The system manager may waive the fee above this amount if providing records without charge is customary or in the pub lic interest. When the cost exceeds $25, the fee for a paper copy is 10 cents per page, and the fee for materials other than paper copies is the actual cost of reproduction. For fees above $250, advance payment is required. You should pay by check or money order made payable to the General Services Administration, and provide it to the system manager. § 105-64.208 What special conditions apply to release of medical records? Medical records containing information that may have an adverse effect upon a person will be released only to a physician designated in writing by you, or by your guardian or conservator. Medical records in an Official Personnel Folder (OPF) fall under the jurisdiction of the Office of Personnel Management (OPM) and will be referred to OPM for a response. § 105-64.209 What special conditions apply to access of law enforcement and security records? Law enforcement and security records are generally exempt from disclosure to individuals except when the system manager, in consultation with legal counsel and the Head of the Service or Staff Office or Regional Administrator or their representatives, determines that information in a record has been used or is being used to deny you any right, privilege, or benefit for which you are eligible or entitled under Federal law. If so, the system manager will notify you of the existence of the record and disclose the information, but only to the extent that the information does not identify a confidential source. If disclosure of information could reasonably be expected to identify a confidential source, the record will not be disclosed to you unless it is possible to delete all such information. A confidential source is a person or persons who furnished information during Federal investigations with the understanding that his or her identity would remain confidential. Subpart 105-64.3-Denial of §105-64.301 Under what conditions will I be denied access to a record? The system manager will deny access to a record that is being compiled in the reasonable anticipation of a civil action or proceeding or to records that are specifically exempted from disclosure by GSA in its system of records notices, published in the FEDERAL REGISTER. Exempted systems include the Investigation Case Files, Internal Evaluation Case Files, and Security Files. These systems are exempted to maintain the effectiveness and integrity of investigations conducted by the Office of Inspector General, and others, as part of their duties and responsibilities involving Federal employment, contracts, and security. §105-64.302 How will I be denied access? If you request access to a record in an exempt system of records, the system manager will consult with the Head of Service or Staff Office or Regional Administrator or their representatives, legal counsel, and other officials as appropriate, to determine if all or part of the record may be disclosed. If the decision is to deny access, the system manager will provide a written notice to you giving the reason for the denial and your appeal rights. $105-64.303 How do I appeal a denial to access a record? If you are denied access to a record in whole or in part, you may file an administrative appeal within 30 days of the denial. The appeal should be in writing and addressed to: GSA Privacy Act Officer (CIB), General Services Administration, 1800 F Street NW, Washington DC 20405. Mark both the envelope and the appeal letter "Privacy Act Appeal." § 105-64.304 How are administrative appeal decisions made? The GSA Privacy Act Officer will conduct a review of your appeal by consulting with legal counsel and appropriate officials. The Privacy Act Officer may grant record access if the appeal is granted. If the decision is to re ject the appeal, the Privacy Act Officer will provide all pertinent information about the case to the Deputy Administrator and ask for a final administrative decision. The Deputy Administrator may grant access to a record, in which case the Privacy Act Officer will notify you in writing, and the system manager will make the record available to you. If the Deputy Administrator denies the appeal, he or she will notify you in writing of the reason for rejection and of your right to a judicial review. The administrative appeal review will take no longer than 30 workdays after the Privacy Act Officer receives the appeal. The Deputy Administrator may extend the time limit by notifying you in writing of the extension and the reason for it before the 30 days are up. § 105-64.305 What is my recourse to an appeal denial? You may file a civil action to have the GSA administrative decision overturned within two years after the decision is made. You may file in a Federal District Court where you live or have a principal place of business, where the records are maintained, or in the District of Columbia. Subpart 105-64.4-Amending a Record § 105-64.401 Can I amend my record? You may request to amend your record by writing to the system manager with the proposed amendment. Mark both the envelope and the letter "Privacy Act Request to Amend Record." § 105-64.402 What records are not subject to amendment? You may not amend the following records under the law: (a) Transcripts of testimony given under oath or written statements made under oath. (b) Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings which constitute the official record of the proceedings. (c) Pre-sentence reports that are maintained within a system of records but are the property of the courts. |