CHAPTER I-FEDERAL ELECTION COMMISSION Public records and the Freedom of Information Act Access to Public Disclosure Division documents Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Federal Election Commission Scope and definitions (2 U.S.C. 431) Candidate status and designations (2 U.S.C. 432(e)) (a) The purpose of this part is to set forth rules informing the public as to what information is maintained by the Federal Election Commission about identifiable individuals and to inform those individuals how they may gain access to and correct or amend infor- (b) The regulations in this part carry out the requirements of the Privacy Act of 1974 (Pub. L. 93-579) and in par- ticular 5 U.S.C. 552a as added by that (c) The regulations in this part apply only to records disclosed or requested under the Privacy Act of 1974, and not to requests for information made pur- suant to 5 U.S.C. 552, the Freedom of Information Act, or requests for re- ports and statements filed with the Federal Election Commission which are public records and available for in- spection and copying pursuant to 2 U.S.C. 437g(a)(4) (C) and 438(a)(4). otherwise required by the context, the Individual means a citizen of the United States or an alien lawfully ad- mitted for permanent residence. Maintain includes maintain, collect, Record means any item, collection, or grouping of information about an indi- vidual that is maintained by an agen- cy, including but not limited to his or her education, financial transactions, medical history, and criminal or em- ployment history and that contains his or her name, or the identifying num- ber, symbol or other identifying par- ticular assigned to the individual, such as finger or voice print or a photo- Systems of Records means a group of any records under the control of the Federal Election Commission from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the Routine use means the use of such record for a purpose compatible with the purpose for which the information Commission means the Federal Elec- tion Commission, its Commissioners pointees confirmed by the Senate who are voting members of the Commis- Act means the Federal Election Cam- paign Act of 1971, as amended and chap- $ 1.3 Procedures for requests per- taining to individual records in a (a) Any individual may request the Commission to inform him or her whether a particular record system named by the individual contains a record pertaining to him or her. The request may be made in person or in writing at the location and to the per- son specified in the notice describing (b) An individual who believes that the Commission maintains records per- determine which record system contains those records, may request assistance by mail or in person from the Staff Director, Federal Election Commission, 999 E Street, NW., Washington, DC 20463 during the hours of 9 a.m. to 5:30 p.m. (c) Requests under paragraphs (a) or (b) of this section shall be acknowledged by the Commission within 15 days from the date of receipt of the request. If the Commission is unable to locate the information requested under paragraphs (a) or (b) of this section, it shall so notify the individual within 15 days after receipt of the request. Such acknowledgement may request additional information to assist the Commission in locating the record or it may advise the individual that no record or document exists about that individual. [41 FR 43064, Sept. 29, 1976, as amended at 50 FR 50778, Dec. 12, 1985] §1.4 Times, places, and requirements for identification of individuals making requests. (a) After being informed by the Commission that a record system contains a record pertaining to him or her, an individual may request the Commission to disclose that record in the manner described in this section. Each request for the disclosure of a record or a copy of it shall be made at the Federal Election Commission, 999 E Street, NW., Washington, DC 20463 and to the system manager identified in the notice describing the systems of records, either in writing or in person. Requests may be made by specifically authorized agents or by parents or guardians of individuals. (b) Each individual requesting the disclosure of a record or copy of a record shall furnish the following information with his or her request: (1) The name of the record system containing the record; (2) Proof as described in paragraph (c) of this section that he or she is the individual to whom the requested record relates; (3) Any other information required by the notice describing the record system. (c) Proof of identity as required by paragraph (b)(2) of this section shall be provided as described in paragraphs (c) (1) and (2) of this section. Requests made by an agent, parent, or guardian, shall be in accordance with the procedures described in §1.10. (1) Requests made in writing shall include a statement, signed by the individual and either notarized or witnessed by two persons (including witnesses' addresses). If the individual appears before a notary, he or she shall submit adequate proof of identification in the form of a drivers license, birth certificate, passport or other identification acceptable to the notary. If the statement is witnessed, it shall include a sentence above the witnesses' signatures that they personally know the individual or that the individual has submitted proof of his or her identification to their satisfaction. In any case in which, because of the extreme sensitivity of the record sought to be seen or copied, the Commission determines that the identification is not adequate, it may request the individual to submit additional proof of identification. (2) If the request is made in person, the requestor shall submit proof of identification similar to that described in paragraph (c)(1) of this section, acceptable to the Commission. The individual may have a person of his or her own choosing accompany him or her when the record is disclosed. [41 FR 43064, Sept. 29, 1976, as amended at 50 FR 50778, Dec. 12, 1985] § 1.5 Disclosure of requested information to individuals. (a) Upon submission of proof of identification as required by §1.4, the Commission shall allow the individual to see and/or obtain a copy of the requested record or shall send a copy of the record to the individual by registered mail. If the individual requests to see the record, the Commission may make the record available either at the location where the record is maintained or at a place more suitable to the requestor, if possible. The record shall be made available as soon as possible but in no event later than 15 days after proof of identification. (b) The Commission must furnish each record requested by an individual $ 1.7 Request for correction or amendment to record. (a) Any individual who has reviewed a record pertaining to him or her that was furnished under this part, may request the Commission to correct or amend all or any part of that record. (b) Each individual requesting a correction or amendment shall send the request to the Commission through the person who furnished the record. (c) Each request for a correction or amendment of a record shall contain the following information: (1) The name of the individual requesting the correction or amendment; (2) The name of the system of records in which the record sought to be amended is maintained; (3) The location of the system of records from which the individual record was obtained; (4) A copy of the record sought to be amended or corrected or a sufficiently detailed description of that record; (5) A statement of the material in the record that the individual desires to correct or amend; (6) A statement of the basis for the requested correction or amendment including any material that the individual can furnish to substantiate the reasons for the correction or amendment sought. §1.8 Agency review of request for correction or amendment of record. (a) The Commission shall, not later than ten (10) days (excluding Saturdays, Sundays and legal holidays) after the receipt of the request for a correction or amendment of a record under §1.7, acknowledge receipt of the request and inform the individual wheth er information is required before the correction or amendment can be considered. (b) If no additional information is required, within ten (10) days from receipt of the request, the Commission shall either make the requested correction or amendment or notify the individual of its refusal to do so, including in the notification the reasons for the refusal, and the appeal procedures provided in §1.9. (c) The Commission shall make each requested correction or amendment to a record if that correction or amendment will tend to negate inaccurate, irrelevant, untimely, or incomplete matter in the record. (d) The Commission shall inform prior recipients of any amendment or correction or notation of dispute of such individual's record if an accounting of the disclosure was made. The individual may request a list of prior recipients if an accounting of the disclosure was made. §1.9 Appeal of initial adverse agency determination on amendment or correction. (a) Any individual whose request for a correction or amendment has been denied in whole or in part, may appeal that decision to the Commissioners no later than one hundred eighty (180) days after the adverse decision is rendered. (b) The appeal shall be in writing and shall contain the following information: (1) The name of the individual making the appeal; (2) Identification of the record sought to be amended; (3) The record system in which that record is contained; (4) A short statement describing the amendment sought; and (5) The name and location of the agency official who initially denied the correction or amendment. (c) Not later than thirty (30) days (excluding Saturdays, Sundays and legal holidays) after the date on which the Commission receives the appeal, the Commissioners shall complete their review of the appeal and make a final decision thereon. However, for good cause shown, the Commissioners |