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nial recommendation must be concurred in by the appropriate General Counsel.
(1) Where the request is for correction or amendment of records, after reviewing the material the System Manager or Managers shall transmit a recommended decision to the Privacy Act Officer. Any recommendation that the request be granted or wholly or partially denied shall cite the exemption relied on and set forth the policy considerations supporting a denial. A recommendation of denial must be concurred in by General Counsel.
date of receipt by the System Manager or designee. If a response cannot be made within ten working days, the appropriate Privacy Act Officer shall send an interim response providing in formation on the status of the request, including an estimate of the time within which action is expected to be taken on the request and asking for any further information as may be necessary to respond to the request. Action will be completed as soon as possible, but not later than 20 working days after receipt of the original specific inquiry. In unusual circumstances and for good cause, the appropriate Privacy Act Officer may decide that action cannot be completed within the initial 20 working days. In such case, the appropriate Privacy Act Officer will advise the individual of the reason for the delay and the date (not to exceed an additional 20 working days) by which action can be expected to be completed.
(C) The term unusual circumstances as used in this section includes situations where a search for requested records from inactive storage is necessary; cases where a voluminous amount of data is involved; instances where information on other individuals must be separated or expunged from the particular record; and cases where consultation with other agencies which have substantial interest in the response to the request is necessary.
(d) Upon receiving a request, the Privacy Act Officer shall ascertain which System Manager or Managers of the DOE have primary responsibility for, custody of, or concern with the system or systems of records subject to the request and shall forward the request to such System Manager or Managers. The System Manager or Managers shall promptly identify and, in consultation with the General Counsel, review the records encompassed by the request.
(e) Where the request is for access to or information about records, after reviewing the material the System Manager or Managers concerned shall transmit to the Privacy Act Officer the requested material. The transmission to the Privacy Act Officer shall include any recommendation that the request be granted or wholly or partially denied and shall set forth any exemption categories supporting denials. Any de
81008.8 Action in response to a re
quest for access: disclosure of requested information to subject indi.
viduals. (a) Consistent with the recommendation of the System Manager and the concurrence of the appropriate General Counsel, the Privacy Act Officer shall provide to the requesting individual the information about or access to a record or information pertaining to the individual contained in a system of records, unless the request is being denied in accordance with $1008.9 of this part. The Privacy Act Officer shall notify the individual of such determination and provide the following information:
(1) Whether there is information or a record pertaining to him that is contained in a system of records;
(2) The methods of access as set forth in paragraph (b) of this section;
(3) The place at which the record or information may be inspected;
(4) The earliest date on which the record or information may be inspected and the period of time that the record or information will remain available for inspection. In no event shall the earliest date be later than thirty calendar days from the date of notification.
(5) An indication that copies of the records are enclosed, or the estimated date by which a copy of the record could be mailed and the estimate of fees that would be charged to provide other than the first copy of the record, pursuant to $1008.13.
(6) The fact that the individual, if he wishes, may be accompanied by another person during the in-person re
the individual. If the individual refuses to designate a physician or mental health professional, or to submit a signed statement from his physician or mental health professional as provided in paragraphs (c) (1) and (2) of this section, the request will be considered denied, and the appeal rights provided in $1008.11 will be available to the individual.
(d) The Privacy Act Officer shall sup ply such other information and assistance at the time of an individual's review of his record as is necessary to make the record intelligible to the individual.
(e) The DOE will, as required by subsection (d)(1), assure an individual's right "to review his or her record and have a copy made of all or any portion thereof in a form comprehensible to him." However, original records will be made available to individuals only under the supervision of the Privacy Act Officer or his designee. Individuals will be provided at their request with a copy, but not the original, of records pertaining to them.
view of the record or information, provided that the individual shall first furnish to the Privacy Act Officer a written statement authorizing disclosure of that individual's record in the accompanying person's presence; and
(7) Any additional requirements that must be satisfied in order to provide information about or to grant access to the requested record or information.
(b) The following methods of access to records or information pertaining to an individual and contained in a system of records may be available to that individual depending on the circumstances of a particular request:
(1) A copy of the record may be enclosed with the initial response in accordance with paragraph (a) of this section;
(2) Inspection in person may be arranged during the regular business hours of the DOE in the office specified by the Privacy Act Officer;
(3) Transfer of records to a Federal facility more convenient to the individual may be arranged, but only if the Privacy Act 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 or information to that facility will not unduly interfere with operations of the DOE or involve unreasonable costs, in terms of money or manpower; and
(4) The requested number of copies in addition to the initial copy may be mailed at the request of the individual, subject to payment of the fees prescribed in g 1008.13.
(c) If the Privacy Act Officer believes, based upon a recommendation of the System Manager and the agency's medical officer, that disclosure of medical and/or psychological information directly to an individual could have an adverse effect upon that individual, the individual may be asked:
(1) To designate in writing a physician or mental health professional to whom he would like the records to be disclosed; or
(2) To submit a signed statement by his physician or a mental health professional indicating that, in his view, disclosure of the requested records or information directly to the individual will not have an adverse effect upon
8 1008.9 Action in response to a re
quest for access: initial denial of access. (a) A request by an individual for information about or access to a record or information pertaining to that individual that is contained in a system of records may be denied only upon a determination by the appropriate System Manager, with the concurrence of the appropriate General Counsel, that:
(1) The record is subject to an exemption under $1008.12;
(2) The record is information compiled in reasonable anticipation of a civil action or proceeding; or
(3) The individual has unreasonably failed to comply with the procedural requirements of this part.
(b) The Privacy Act Officer shall give written notice of the denial of a request of information about or access to records or information pertaining to the individual and contained in a system of records. Such written notice shall be sent by certified or registered mail, return receipt requested and shall include the following information:
(1) The System Manager's name and ceipt requested, and shall provide the title;
following information: (2) The reasons for the denial, includ- (i) The System Manager's name and ing citation to the appropriate sections title; of the Privacy Act and this part; and (ii) The reasons for the denial; in
(3) Notification of the individual's cluding citation to the appropriate secright to appeal the denial pursuant to tions of the Act and this part; and $ 1008.11 and to administrative and judi (iii) Notification of the individual's cial review under 5 U.S.C. 552a(g)(1)(B), right to appeal the denial pursuant to as limited by 552a(g)(5).
$ 1008.11 and to administrative and judi(c) Nothing in this section shall: cial review under 5 U.S.C. 5522(g)(1)(B),
(1) Require the furnishing of informa as limited by 5 U.S.C. 552a(g)(5). tion or records that are not retrieved (iv) Notification of the right of the by the name or by some other identify individual to submit a statement of ing number, symbol or identifying par- disagreement consistent with ticular of the individual making the re- $1008.11(8). quest;
(d) Whenever an individual's record is (2) Prevent a System Manager from amended pursuant to a request by that waiving any exemption authorizing the individual, the Privacy Act Officer or denial of records, in accordance with the System Manager, as appropriate, $ 1008.12.
shall notify all persons and agencies to
which the amended portion of the 8 1008.10 Action in response to a re
record had been disclosed prior to its quest for correction or amendment
amendment, if an accounting of such of records.
disclosure was required by the Act. The (a) The Privacy Act Officer must re notification shall request a recipient spond in writing to the requester for agency maintaining the record to acamendment of a record within 10 work. knowledge receipt of the notification, ing days of receipt. This response shall to correct or amend the record and to inform the requester of the decision apprise an agency or person to which it whenever possible.
had disclosed the record of the sub(b) If the decision cannot be reached stance of the amendment. within 10 working days, the requester (e) The following criteria will be shall be informed of the reason for taken into account by the DOE in redelay and the date (within 20 working viewing a request for amendment: days) it is expected that the decision (1) The sufficiency of the evidence will be made.
submitted by the individual; (c) The Privacy Act Officer, consist (2) The factual accuracy of the inforent with the recommendation of the mation; System Manager or Managers, as con- (3) The relevance and necessity of the curred in by the appropriate General information in relation to the purpose Counsel, if appropriate, shall do one of for which it was collected; the following:
(4) If such information is used in (1) Instruct the System Manager to making any determination about the make the requested correction or individual, whether the information is amendment; and advise the individual as accurate, relevant, timely, and comin writing of such action, providing ei- plete as is reasonably necessary to asther a copy of the corrected or amend. sure fairness to the individual in such ed record, or a statement as to the determination; means whereby the correction or (5) The degree of possibility that deamendment was accomplished in cases nial of the request could unfairly result where a copy cannot be provided (for in a determination adverse to the indiexample, erasure of information from a vidual; record maintained only in an elec- (6) The nature of the record sought to tronic data bank); or
be corrected or amended; and (2) Inform the individual in writing (7) The propriety and feasibility of that his request is denied in whole or complying with the specific means of in part. Such denial shall be sent by amendment requested by the individcertified or registered mail, return re ual.
(1) The DOE will not undertake to gather evidence for the individual, but does reserve the right to verify the evidence that the individual submits.
(g) Amendment of a record requested by an individual may be denied upon a determination that:
(1) The individual has failed to establish, by a preponderance of the evidence, the propriety of the amendment in relation to the criteria stated in paragraph (c) of this section;
(2) The record sought to be amended was compiled in a terminated judicial, quasi-judicial or quasi-legislative proceeding to which the individual was a party or participant;
(3) The record sought to be amended is the subject of a pending judicial, quasi-judicial or quasi-legislative proceeding to which the individual is a party or participant;
(4) The amendment would violate a duly enacted statute or promulgated regulation;
) The individual has unreasonably failed to comply with the procedural requirements of this part; or
(6) The record has been properly exempted from the provisions of subsection (d) of the Act.
(h) Nothing in this section shall restrict the DOE from granting in part or denying in part a request for amendment of records. (45 FR 61577, Sept. 16, 1980; 46 FR 31637, June 17, 1981)
(OPM), 1900 E Street, NW., Washington, DC 20415. All other appeals relating to DOE records shall be directed to the Director, Office of Hearings and Appeals (OHA), Department of Energy, Headquarters, Washington, DC.
(b) An appeal not addressed and marked as specified in paragraph (a) of this section shall be forwarded immediately to the Assistant Director for Agency Compliance and Evaluation, OPM, or the Director, OHA, as appropriate. An appeal that is not properly addressed by an individual shall not be deemed to have been received for purposes of time periods in this section until actual receipt of the appeal by the Assistant Director, OPM, or the Director, OHA. In each instance when an appeal so forwarded is received, the individual filing the appeal shall be notified that the appeal was improperly addressed and the date when the appeal was received by the Assistant Director, OPM, or the Director, OHA.
(c) The appeal shall include the following:
(1) A copy of the original request for access or for amendment;
(2) A copy of the initial denial; and
(3) A statement of the reasons why the initial denial is believed to be in error.
(d) The records or record to which the individual was denied access, or which was requested to be corrected or amended, will be supplied to the appropriate appeal authority by the Privacy Act Officer who issued the initial denial. While such records normally will comprise the entire record on appeal, the appeal authority may seek such additional information as is necessary to assure that the final determination is fair and equitable.
(e) No personal appearance or hearing on appeal will be allowed.
(1) The appropriate appeal authority for DOE records shall act upon the appeal and issue a final determination in writing no later than 20 working days from the date on which the appeal is received. However, the appeal authority may extend the ten-day period upon a determination that a fair and equitable review cannot be made within that period. In such cases the individual shall be advised in writing of the reason for the extension and of the es
81008.11 Appeals of denials of re
quests pursuant to g 1008.6. (a) Any individual may appeal the denial of a request made by him for information about or for access to or correction or amendment of records. An appeal shall be filed within 30 calendar days after receipt of the denial. When an appeal is filed by mail, the postmark is conclusive as to timeliness. The appeal shall be in writing and must be signed by the individual. The words "PRIVACY ACT APPEAL” should appear in capital letters on the envelope and the letter. Appeals of denials relating to records maintained in government-wide systems of records reported by the OPM, shall be filed, as appropriate, with the Assistant Director for Agency Compliance and Evaluation, Office of Personnel Management
timated date by which a final determination will be issued. The final de termination shall be issued not later than the 30th working day after receipt of the appeal unless unusual circumstances, as defined in $1008.7, are present, whereupon an additional 30 days may be extended.
(8) If an appeal of a denial of access is granted, a copy of the determination shall be transmitted promptly to the individual, the Privacy Act Officer and the appropriate System Manager. Upon receipt of the determination, the Privacy Act Officer promptly shall take action consistent with $1008.8.
(h) If an appeal of a denial of correction or amendment is granted, the final determination shall identify the specific corrections or amendments to be made. A copy of the determination shall be transmitted promptly to the individual, the Privacy Act Officer and the appropriate System Manager. Upon receipt of the determination, the Privacy Act Officer promptly shall take steps to insure that the actions set forth in 81008.10 (a) and (b) are taken.
(1) If the appeal of a denial of access is denied, the final determination shall state the reasons for the denial and shall be transmitted promptly to the individual, the Privacy Act Officer and the appropriate System Manager. The determination shall also include a statement identifying the right of the individual to administrative and judicial review pursuant to 5 U.S.C. 552a(g)(1)(B) as limited by 5 U.S.C. 552a(g)(5).
(j) If the appeal of a denial of correction or amendment is denied, the final determination shall state the reasons for the denial and shall be transmitted promptly to the individual, the Privacy Act Officer and the appropriate System Manager.
(1) The determination also shall include the following:
(1) Notice of the right of the individual to file with the Privacy Act Officer a concise, signed statement of reasons for disagreeing with the final determination, receipt of which statement will be acknowledged by the Privacy Act Officer.
(ii) An indication that any disagreement statement filed by the individual will be noted and appended to the dis
puted record and that a copy of the statement will be provided by the Privacy Act Officer or the System Manager, as appropriate, to persons and agencies to which the record is disclosed subsequent to the date of receipt of such statement;
(iii) An indication that the DOE shall append to any disagreement statement filed by the individual a copy of the final determination or a summary thereof, which determination or summary also will be provided to persons and agencies to which the disagreement statement is disclosed; and,
(iv) A statement of the right of the individual to administrative and judicial review under 5 U.S.C. 552a(g)(1)(B), as limited by 5 U.S.C. 5522(g)(5).
(2) Although a copy of the final determination or a summary thereof will be treated as part of the individual's record for purposes of disclosure in instances where the individual has filed a disagreement statement, it will not be subject to correction or amendment by the individual.
(3) Where an individual files a statement of disagreement consistent with paragraph (j)(1) of this section, the Privacy Act Officer shall take steps to insure that the actions provided in paragraphs (j)(1) (1), (ii) and (iii) of this section are taken. 81008.12 Exemptions.
(a) General exemptions—(1) Generally. 5 U.S.C. 552a(3)(2) allows the exemption of any system of records within the DOE from any part of section 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F) (e)(6), (7), (9), (10), and (11), and (i) of the Act if the system of records is maintained by a DOE component which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend cri nals, and which consists of:
(1) Information compiled for the purpose of identifying individual criminal offenders and alleged offenders;
(ii) Information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or