<?xml version="1.0" encoding="UTF-8"?>

<pai>
<agency toc="yes">
<name>Federal Deposit Insurance Corporation</name>
<abbrev>FDIC
</abbrev>


<previousPubs id="systems" toc="yes">
<title>Systems of Records Published Between January 3, 2016 and December 31, 2017</title>
</previousPubs>

	<regulations id="reg" toc="yes">
<regulationsTitle number="12">
<heading>Banks and Banking</heading>
<regulationsChapter number="III">
<heading> Federal Deposit Insurance Corporation </heading>
<regulationsPart number="310">
<heading> PRIVACY ACT REGULATIONS </heading>
<xhtmlContent>
<p>Sec.
</p>
<p>310.1 Purpose and scope.
</p>
<p>310.2 Definitions.
</p>
<p>310.3 Procedures for requests pertaining to individual records in a system of records.
</p>
<p>310.4 Times, places, and requirements for identification of individuals making requests.
</p>
<p>310.5 Disclosure of requested information to individuals.
</p>
<p>310.6 Special procedures: Medical records.
</p>
<p>310.7 Request for amendment of record.
</p>
<p>310.8 Agency review of request for amendment of record.
</p>
<p>310.9 Appeal of adverse initial agency determination on access or amendment.
</p>
<p>310.10 Disclosure of record to person other than the individual to whom it pertains.
</p>
<p>310.11 Fees.
</p>
<p>310.12 Penalties.
</p>
<p>310.13 Exemptions.
</p>
<p><b>Authority:</b> 5 U.S.C. 552a.
</p>
<p><b>Source:</b> 40 FR 46274, Oct. 6, 1975, unless otherwise noted.
</p>
<p><b>&#167; 310.1
 Purpose and scope.
</b></p>
<p>The purpose of this part is to establish regulations implementing the Privacy Act of 1974, 5
U.S.C. 552a. These regulations delineate the procedures that an individual must follow in exercising
his or her access or amendment rights under the Privacy Act to records maintained by the Corporation
in systems of records, including information transferred to Federal Deposit Insurance Corporation
from the Office of Thrift Supervision pursuant to sections 312 and 323 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, Public Law 111-203.
</p>
<p>[76 FR 35965, June 21, 2011]

</p>
<p><b>&#167; 310.2
 Definitions.
</b></p>
<p>For purposes of this part:
</p>
<p>(a) The term <i>Corporation</i> means the Federal Deposit Insurance Corporation;
</p>
<p>(b) The term <i>individual</i> means a natural person who is either a citizen of the United
States or an alien lawfully admitted for permanent residence;
</p>
<p>(c) The term <i>maintain</i> includes maintain, collect, use, disseminate, or control;
</p>
<p>(d) The term <i>record</i> means any item, collection or grouping of information about an
individual that contains his/her name, or the identifying number, symbol, or other identifying
particular assigned to the individual;
</p>
<p>(e) The term <i>system of records</i> means a group of any records under the control of the
Corporation from which information is retrieved by the name of the individual or some identifying
number, symbol or other identifying particular assigned to the individual;
</p>
<p>(f) The term <i>designated system of records</i> means a system of records which has been listed
and summarized in the <i>Federal Register</i> pursuant to the requirements of 5 U.S.C. 552a(e);
</p>
<p>(g) The term <i>routine use</i> means, with respect to disclosure of a record, the use of such
record for a purpose which is compatible with the purpose for which it was created;
</p>
<p>(h) The terms <i>amend</i> or <i>amendment</i> mean any correction, addition to or deletion from
a record; and
</p>
<p>(i) The term <i>system manager</i> means the agency official responsible for a designated system
of records, as denominated in the <i>Federal Register</i> publication of "Systems of Records
Maintained by the Federal Deposit Insurance Corporation."
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

</p>
<p><b>&#167; 310.3
 Procedures for requests pertaining to individual records in a system of records.
</b></p>
<p>(a) Any present or former employee of the Corporation seeking access to, or amendment of,
his/her official personnel records maintained by the Corporation shall submit his/her request in
such manner as is prescribed by the United States Office of Personnel Management in part 297 of its
rules and regulations (5 CFR part 297). For access to, or amendment of, other government-wide
records systems maintained by the Corporation, the procedures prescribed in the respective <i>
Federal Register</i> Privacy Act system notice shall be followed.
</p>
<p>(b) Requests by individuals for access to records pertaining to them and maintained within one of
the Corporation's designated systems of records should be submitted in writing to the Federal
Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, NW., Washington, DC 20429. Each
such request should contain a reasonable description of the records sought, the system or systems in
which such record may be contained, and any additional identifying information, as specified in the
Corporation's <i>Federal Register</i> "Notice of Systems of Records" for that particular
system, copies of which are available upon request from the FOIA/PA Group.

</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977; 61 FR 43419, Aug. 23, 1996;
67 FR 71071, Nov. 29, 2002; 76 FR 35965, June 21, 2011]

</p>
<p><b>&#167; 310.4
 Times, places, and requirements for identification of individuals making requests.
</b></p>
<p>(a) Individuals may request access to records pertaining to themselves by submitting a
written request as provided in &#167; 310.3 of these regulations, or by appearing in person on
weekdays, other than official holidays, at the Federal Deposit Insurance Corporation, Attn: FOIA/PA
Group, 550 17th Street, NW., Washington, DC 20429, between the hours of 8:30 a.m. and 5 p.m.

</p>
<p>(b) Individuals appearing in person at the Corporation seeking access to or amendment of their
records shall present two forms of reasonable identification, such as employment identification
cards, driver's licenses, or other identification cards or documents typically used for
identification purposes.
</p>
<p>(c) Except for records that must be publicly disclosed pursuant to the Freedom of Information
Act, 5 U.S.C. 552, where the Corporation determines it to be necessary for the individual's
protection, a certification of a duly commissioned notary public, of any state or territory,
attesting to the requesting individual's identity, or an unsworn declaration subscribed to as true
under the penalty of perjury under the laws of the United States of America, at the election of the
individual, may be required before a written request seeking access to or amendment of a record will
be honored. The Corporation may also require that individuals provide minimal identifying data such
as full name, date and place of birth, or other personal information necessary to ensure proper
identity before processing requests for records.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977; 61 FR 43419, Aug. 23, 1996;
67 FR 71071, Nov. 29, 2002; 76 FR 35966, June 21, 2011]

</p>
<p><b>&#167; 310.5
 Disclosure of requested information to individuals.
</b></p>
<p>(a) Except to the extent that Corporation records pertaining to an individual:
</p>
<p>(1) Are exempt from disclosure under &#167;&#167; 310.6 and 310.13 of this part, or
</p>
<p>(2) Were compiled in reasonable anticipation of a civil action or proceeding, the Corporation
will make such records available upon request for purposes of inspection and copying by the
individual (after proper identity verification as provided in &#167; 310.4) and, upon the
individual's request and written authorization, by another person of the individual's own choosing.
</p>
<p>(b) The FOIA/PA Group will notify, in writing, the individual making a request, whenever
practicable within ten business days following receipt of the request, whether any specified
designated system of records maintained by the Corporation contains a record pertaining to the
individual. Where such a record does exist, the FOIA/PA Group also will inform the individual of the
system manager's decision whether to grant or deny the request for access. In the event existing
records are determined not to be disclosable, the notification will inform the individual of the
reasons for which disclosure will not be made and will provide a description of the individual's
right to appeal the denial, as more fully set forth in &#167; 310.9. Where access is to be
granted, the notification will specify the procedures for verifying the individual's identity, as
set forth in &#167; 310.4.
</p>
<p>(c) Individuals will be granted access to records disclosable under this part 310 as soon as is
practicable. The FOIA/PA Group will give written notification of a reasonable period within which
individuals may inspect disclosable records pertaining to themselves at the offices of the FOIA/PA
Group during normal business hours. Alternatively, individuals granted access to records under this
part may request that copies of such records be forwarded to them. Fees for copying such records
will be assessed as provided in &#167; 310.11.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977; 67 FR 71071, Nov. 29, 2002]

</p>
<p><b>&#167; 310.6
 Special procedures: Medical records.
</b></p>
<p>Medical records shall be disclosed on request to the individuals to whom they pertain,
except, if in the judgment of the Corporation, the transmission of the medical information directly
to the requesting individual could have an adverse effect upon such individual. In the event medical
information is withheld from a requesting individual due to any possible adverse effect such
information may have upon the individual, the Corporation shall transmit such information to a
medical doctor named by the requesting individual for release of the patient.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 61 FR 43420, Aug. 23, 1996]

</p>
<p><b>&#167; 310.7
 Request for amendment of record.
</b></p>
<p>The Corporation will maintain all records it uses 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. An individual may request that the
Corporation amend any portion of a record pertaining to that individual which the Corporation
maintains in a designated system of records. Such a request should be submitted in writing to the
Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, NW., Washington, DC
20429 and should contain the individual's reason for requesting the amendment and a description of
the record (including the name of the appropriate designated system and category thereof) sufficient
to enable the Corporation to identify the particular record or portion thereof with respect to which
amendment is sought.
</p>
<p>[76 FR 35966, June 21, 2011]

</p>
<p><b>&#167; 310.8
 Agency review of request for amendment of record.
</b></p>
<p>(a) Requests by individuals for the amendment of records will be acknowledged by the FOIA/PA
Group, and referred to the system manager of the system of records in which the record is contained
for determination, within ten business days following receipt of such requests. Promptly thereafter,
the FOIA/PA Group will notify the individual of the system manager's decision to grant or deny the
request to amend.

</p>
<p>(b) If the system manager denies a request to amend a record, the notification of such denial
shall contain the reason for the denial and a description of the individual's right to appeal the
denial as more fully set forth in &#167; 310.9.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977; 67 FR 71071, Nov. 29, 2002;
76 FR 35966, June 21, 2011]

</p>
<p><b>&#167; 310.9
 Appeal of adverse initial agency determination on access or amendment.
</b></p>
<p>(a) A system manager's denial of an individual's request for access to or amendment of a
record pertaining to him/her may be appealed in writing to the Corporation's General Counsel (or
designee) within 30 business days following receipt of notification of the denial. Such an appeal
should be addressed to the Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th
Street, NW., Washington, DC 20429, and contain all the information specified for requests for access
in &#167; 310.3 or for initial requests to amend in &#167; 310.7, as well as any other
additional information the individual deems relevant for the consideration by the General Counsel
(or designee) of the appeal.

</p>
<p>(b) The General Counsel (or designee) will normally make a final determination with respect to an
appeal made under this part within 30 business days following receipt by the Office of the Executive
Secretary of the appeal. The General Counsel (or designee) may, however, extend this 30-day time
period for good cause. Where such an extension is required, the individual making the appeal will be
notified of the reason for the extension and the expected date upon which a final decision will be
given.
</p>
<p>(c) If the General Counsel (or designee) affirms the initial denial of a request for access or to
amend, he or she will inform the individual affected of the decision, the reason therefor, and the
right of judicial review of the decision. In addition, as pertains to a request for amendment, the
individual may at that point submit to the Corporation a concise statement setting forth his or her
reasons for disagreeing with the Corporation's refusal to amend.
</p>
<p>(d) Any statement of disagreement with the Corporation's refusal to amend, filed with the
Corporation by an individual pursuant to &#167; 310.9(c), will be included in the disclosure of
any records under the authority of &#167; 310.10(b). The Corporation may in its discretion also
include a copy of a concise statement of its reasons for not making the requested amendment.
</p>
<p>(e) The General Counsel (or designee) may on his or her own motion refer an appeal to the Board
of Directors for a determination, and the Board of Directors on its own motion may consider an
appeal.
</p>
<p>[52 FR 34290, Sept. 10, 1987, as amended at 61 FR 43420, Aug. 23, 1996; 67 FR 71071, Nov. 29,
2002; 76 FR 35966, June 21, 2011]

</p>
<p><b>&#167; 310.10
 Disclosure of record to person other than the individual to whom it pertains.
</b></p>
<p>(a) Except as provided in paragraph (b) of this section, the Corporation will not disclose
any record contained in a designated system of records to any person or agency except with the prior
written consent of the individual to whom the record pertains.
</p>
<p>(b) The restrictions on disclosure in paragraph (a) of this section do not apply to any of the
following disclosures:
</p>
<p>(1) To those officers and employees of the Corporation who have a need for the record in the
performance of their duties;
</p>
<p>(2) Which is required under the Freedom of Information Act (5 U.S.C. 552);
</p>
<p>(3) For a routine use listed with respect to a designated system of records;
</p>
<p>(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 U.S.C.;
</p>
<p>(5) To a recipient who has provided the Corporation 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;
</p>
<p>(6) To the National Archives and Records Administration 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 Archivist of the United States or his or her designee to determine whether the
record has such value;
</p>
<p>(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 Corporation specifying the particular portion desired and the law enforcement activity for which
the record is sought;
</p>
<p>(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;
</p>
<p>(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;
</p>
<p>(10) To the Comptroller General, or any of his or her authorized representatives, in the course
of the performance of the duties of the General Accounting Office;
</p>
<p>(11) Pursuant to the order of a court of competent jurisdiction.
</p>
<p>(12) To a consumer reporting agency in accordance with section 3711(f) of Title 31.
</p>
<p>(c) The Corporation will adhere to the following procedures in the case of disclosure of any
record pursuant to the authority of paragraphs (b)(3) through (b)(12) of this section.
</p>
<p>(1) The Corporation will keep a record of the date, nature and purpose of each such disclosure,
as well as the name and address of the person or agency to whom such disclosure is made; and
</p>
<p>(2) The Corporation will retain and, with the exception of disclosures made pursuant to paragraph
(b)(7) of this section, make available to the individual named in the record for the greater of five
years or the life of the record all material compiled under paragraph (d)(1) of this section with
respect to disclosure of such record.
</p>
<p>(d) Whenever a record which has been disclosed by the Corporation under authority of paragraph
(b) of this section is, within a reasonable amount of time after such disclosure, either amended by
the Corporation or the subject of a statement of disagreement, the Corporation will transmit such
additional information to any person or agency to whom the record was disclosed, if such disclosure
was subject to the accounting requirements of paragraph (c)(1) of this section.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 61 FR 43420, Aug. 23, 1996]

</p>
<p><b>&#167; 310.11
 Fees.
</b></p>
<p>The Corporation, upon a request for records disclosable pursuant to the Privacy Act of 1974
(5 U.S.C. 552a), shall charge a fee of $0.10 per page for duplicating, except as follows:
</p>
<p>(a) If the Corporation determines that it can grant access to a record only by providing a copy
of the record, no fee will be charged for providing the first copy of the record or any portion
thereof;
</p>
<p>(b) Whenever the aggregate fees computed under this section do not exceed $10 for any one
request, the fee will be deemed waived by the Corporation; or
</p>
<p>(c) Whenever the Corporation determines that a reduction or waiver is warranted, it may reduce or
waive any fees imposed for furnishing requested information pursuant to this section.
</p>
<p>[40 FR 46274, Oct. 6, 1975, as amended at 61 FR 43420, Aug. 23, 1996]

</p>
<p><b>&#167; 310.12
 Penalties.
</b></p>
<p>Subsection (i)(3) of the Privacy Act of 1974 (5 U.S.C. 552a(i)(3)) imposes criminal
penalties for obtaining Corporation records on individuals under false pretenses. The subsection
provides as follows:
</p>
<p>Any person who knowingly and willfully requests or obtains any record concerning an individual
from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than
$5,000.

</p>
<p><b>&#167; 310.13
 Exemptions.
</b></p>
<p>The following systems of records are exempt from &#167;&#167; 310.3 through 310.9 and
&#167; 310.10(c)(2) of these rules:
</p>
<p>(a) Investigatory material compiled for law enforcement purposes in the following systems of
records is exempt from &#167;&#167; 310.3 through 310.9 and &#167; 310.10(c)(2) of these
rules;
</p>
<p><i>Provided, however,</i> That if any individual is denied any right, privilege, or benefit to
which he/she would otherwise be entitled under Federal law, or for which he/she would otherwise be
eligible, as a result of the maintenance of such material, such material shall be disclosed to such
individual, except to the extent that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express promise that the identity of the
source would be held in confidence, or, prior to September 27, 1975, under an implied promise that
the identity of the source would be held in confidence:
</p>
<p><i>30-64-0002</i>--Financial institutions investigative and enforcement records
system.
</p>
<p><i>30-64-0010</i>--Investigative files and records.
</p>
<p>(b) Investigatory material compiled solely for the purpose of determining suitability,
eligibility, or qualifications for Corporation employment to the extent that disclosure of such
material would reveal the identity of a source who furnished information to the Corporation under an
express promise that the identity of the source would be held in confidence, or, prior to September
27, 1975, under an implied promise that the identity of the source would be held in confidence, in
the following systems of records, is exempt from &#167;&#167; 310.3 through 310.9 and
&#167; 310.10(c)(2) of these rules:
</p>
<p><i>30-64-0001</i>--Attorney-legal intern applicant system.
</p>
<p><i>30-64-0010</i>--Investigative files and records.
</p>
<p>(c) Testing or examination material used solely to determine or assess individual qualifications
for appointment or promotion in the Corporation's service, the disclosure of which would compromise
the objectivity or fairness of the testing, evaluation, or examination process in the following
system of records, is exempt from &#167;&#167; 310.3 through 310.9 and &#167; 310.10(c)(2)
of these rules:
</p>
<p><i>30-64-0009</i>--Examiner training and education records.
</p>
<p>[42 FR 6797, Feb. 4, 1977, as amended at 42 FR 33720, July 1, 1977; 54 FR 38507, Sept. 19, 1989;
61 FR 43420, Aug. 23, 1996]
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
