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;

"(5) the term '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;

"(6) the term '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 13 USC 8. title 13; and

"(7) the term '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.

"(b) Conditions of Disclosure.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be

"(1) to those officers and employees of the agency
which maintains the record who have a need for the
record in the performance of their duties;

"(2) required under section 552 of this title;
"(3) for a routine use as defined in subsection (a) (7)
of this section and described under subsection (e) (4)
(D) of this section;

"(4) to the Bureau of the Census for purposes of
planning or carrying out a census or survey or related
activity pursuant to the provisions of title 13;

"(5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

88 STAT. 1898

"(6) to the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value;

"(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

"(8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

"(9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;

"(10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or

"(11) pursuant to the order of a court of competent jurisdiction.

"(c) Accounting of Certain Disclosures.-Each agency, with respect to each system of records under its control, shall

"(1) except for disclosures made under subsections (b) (1) or (b)(2) of this section, keep an accurate accounting of

"(A) the date, nature, and purpose of each dis-
closure of a record to any person or to another
agency made under subsection (b) of this section;
and

"(B) the name and address of the person or
agency to whom the disclosure is made;
"(2) retain the accounting made under paragraph
(1) of this subsection for at least five years or the life

of the record, whichever is longer, after the disclosure for which the accounting is made;

"(3) except for disclosures made under subsection (b) (7) of this section, make the accounting made under paragraph (1) of this subsection available to the individual named in the record at his request; and "(4) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection (d) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. "(d) Access to Records.-Each agency that maintains a system of records shall

review.

"(1) upon request by any individual to gain access Personal to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individual's record in the accompanying person's presence;

"(2) permit the individual to request amendment of Amendment a record pertaining to him and—

"(A) not later than 10 days (excluding Saturdays, Sundays, and the legal public holidays) after the date of receipt of such request, acknowledge in writing such receipt; and

"(B) promptly, either

"(i) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete; or

request.

"(ii) inform the individual of its refusal to 88 STAT. 1899 amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official;

"(3) permit the individual who disagrees with the Review. refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days (ex

Notation of dispute.

cluding Saturdays, Sundays, and legal public holi-
days) from the date on which the individual requests
such review, complete such review and make a final
determination unless, for good cause shown, the head
of the agency extends such 30-day period; and if, after
his review, the reviewing official also refuses to
amend the record in accordance with the request,
permit the individual to file with the agency a concise
statement setting forth the reasons for his disagree-
ment with the refusal of the agency, and notify the
individual of the provisions for judicial review of the
reviewing official's determination under subsection
(g) (1) (A) of this section;

"(4) in any disclosure, containing information
about which the individual has filed a statement of
disagreement, occurring after the filing of the state-
ment under paragraph (3) of this subsection, clearly
note any portion of the record which is disputed and
provide copies of the statement and, if the agency
deems it appropriate, copies of a concise statement of
the reasons of the agency for not making the amend-
ments requested, to persons or other agencies to
whom the disputed record has been disclosed; and

"(5) nothing in this section shall allow an indi-
vidual access to any information compiled in reason-
able anticipation of a civil action or proceeding.
"(e) Agency Requirements.-Each agency that main-
tains a system of records shall—

"(1) maintain in its records only such information.
about an individual as is relevant and necessary to
accomplish a purpose of the agency required to be ac-
complished by statute or by executive order of the
President;

"(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs;

"(3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual—

"(A) the authority (whether granted by statute, or by executive order of the President) which au

thorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;

"(B) the principal purpose or purposes for which the information is intended to be used;

"(C) the routine uses which may be made of the information, as published pursuant to paragraph (4) (D) of this subsection; and

"(D) the effects on him, if any, of not providing all or any part of the requested information;

in Federal

"(4) subject to the provisions of paragraph (11) of Publication this subsection, publish in the Federal Register at Register. least annually a notice of the existence and character of the system of records, which notice shall include"(A) the name and location of the system;

"(B) the categories of individuals on whom rec- 88 STAT. 1900 ords are maintained in the system;

"(C) the categories of records maintained in the system;

"(D) each routine use of the records contained in the system, including the categories of users and the purpose of such use;

"(E) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records;

"(F) the title and business address of the agency official who is responsible for the system of records; "(G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him;

"(H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and

"(I) the categories of sources of records in the system;

"(5) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;

"(6) prior to disseminating any record about an individual to any person other than an agency, unless

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