[Federal Register Volume 74, Number 239 (Tuesday, December 15, 2009)]
[Rules and Regulations]
[Pages 66245-66251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29122]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-64

[GSPMR Amendment 2009-01; GSPMR Case 2009-105-1; Docket Number 2009-
0018 Sequence 1]
RIN 3090-AJ00


General Services Administration Property Management Regulations; 
GSA Privacy Act Rules

AGENCY: Office of the Chief Human Capital Officer, General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is revising its 
Privacy Act rules to reflect organizational changes and to update 
policies and procedures. This revision

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informs individuals of procedures for obtaining personal information in 
GSA's systems of records, provides current organizational titles and 
addresses of offices to contact about the GSA Privacy Program, the 
systems of records that are maintained by GSA, how to file a privacy 
complaint, how GSA collects personal information from the public, and 
how often GSA reviews its systems that collect and store Personally 
Identifiable Information.

DATES: Effective December 15, 2009.

FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer, General 
Services Administration, Office of the Chief Human Capital Officer, 
1800 F Street, NW., Washington, DC 20405, telephone (202) 208-1317, or 
e-mail at [email protected].

ADDRESSES: GSA Privacy Act Officer (CIB), General Services 
Administration, 1800 F Street, NW., Washington, DC 20405.

SUPPLEMENTARY INFORMATION: 

A. Background

    GSA focused on making sure that all GSA Privacy Act Rules are still 
relevant, necessary, and covered by a legal or regulatory authority and 
that the GSA regulations implementing the Privacy Act Rules reflect the 
current GSA organization, policies, standards, and practices. As a 
result of this review GSA is publishing updated Privacy Act Rules. 
Nothing in the final rule indicates a change in authorities or 
practices regarding the collection and maintenance of information. The 
changes do not impact individuals' rights to access or amend their 
records in the systems of records.

B. Executive Order 12866

    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this final rule. 
It is not expected to have a significant economic impact on small 
business entities within the meaning of the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule imposes 
no recordkeeping or information collection requirements nor the 
collection of information from offerors, contractors, or members of the 
public that would require the approval of the Office of Management and 
Budget (OMB) under 44 U.S.C. Chapter 35, et seq.; and the rule is 
exempt from Congressional review under 5 U.S.C. 801.

List of Subjects in 41 CFR Part 105-64

    Privacy.

    Dated: October 29, 2009.
Cheryl M. Paige,
Director, Office of Information Management, Office of the Chief Human 
Capital Officer.

0
Therefore, GSA revises 41 CFR part 105-64 to read as follows:

PART 105-64--GSA PRIVACY ACT RULES

Sec.
105-64.000 What is the purpose of this part?
105-64.001 What terms are defined in this part?
Subpart 105-64.1--Policies and Responsibilities
105-64.101 Who is responsible for enforcing these rules?
105-64.102 What is GSA's policy on disclosure of information in a 
system of records?
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 
this part?
Subpart 105-64.2--Access to Records
105-64.201 How do I get access to my records?
105-64.202 How do I request access in person?
105-64.203 How do I request access in writing?
105-64.204 Can parents and guardians obtain access to records?
105-64.205 Who will provide access to my records?
105-64.206 How long will it take to get my record?
105-64.207 Are there any fees?
105-64.208 What special conditions apply to release of medical 
records?
105-64.209 What special conditions apply to accessing law 
enforcement and security records?
Subpart 105-64.3--Denial of Access to Records
105-64.301 Under what conditions will I be denied access to a 
record?
105-64.302 How will I be denied access?
105-64.303 How do I appeal a denial to access a record?
105-64.304 How are administrative appeal decisions made?
105-64.305 What is my recourse to an appeal denial?
Subpart 105-64.4--Amending Records
105-64.401 Can I amend my record?
105-64.402 What records are not subject to amendment?
105-64.403 What happens when I submit a request to amend a record?
105-64.404 What must I do if 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 Disagreement?
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.
Subpart 105-64.8--Privacy Complaints
105-64.801 How to file a privacy complaint.
105-64.802 Can I appeal a decision to a privacy complaint?
105-64.803 How will my appeal by handled?
Appendix A to Part 105-64--Addresses for Geographically Dispersed 
Records

    Authority:  5 U.S.C. 552a.


Sec.  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. GSA will 
comply with all existing and future privacy laws.

[[Page 66247]]

Sec.  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.
    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 individual's eligibility for 
Federal benefits or to recoup delinquent debts.
    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.
    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.
    Personally Identifiable Information (PII) means information about a 
person that contains some unique identifier, including but not limited 
to name or Social Security Number, from which the identity of the 
person can be determined. In OMB Circular M-06-19, the term 
``Personally Identifiable Information'' is defined as any information 
about an individual maintained by an agency, including, but not limited 
to, education, financial transactions, medical history, and criminal or 
employment history and information which can be used to distinguish or 
trace an individual's identity, such as their name, Social Security 
Number, date and place of birth, mother's maiden name, biometric 
records, including any other personal information which can be linked 
to an 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.
    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.
    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.
    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.
    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


Sec.  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.


Sec.  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 Sec.  105-
64.501.


Sec.  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).


Sec.  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. This information is 
found in the Privacy Act Statement. Any form that asks for personal 
information will contain this statement.


Sec.  105-64.105  When may Social Security Numbers (SSNs) be collected?

    (a) 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.
    (b) In compliance with OMB M-07-16 (Safeguarding Against and 
Responding to the Breach of Personally Identifiable Information) 
collection and storage of SSN will be limited to systems where no other 
identifier is currently available. While GSA will strive to reduce the 
collection and storage of SSN and other PII we recognize that some 
systems continue to need to collect this information.


Sec.  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. All GSA systems 
are reviewed annually. Those systems that contain Personally 
Identifiable Information (PII) are reviewed to ensure they are 
relevant, necessary, accurate, up-to-date, and covered by the 
appropriate legal or regulatory authority. A listing of GSA Privacy Act 
Systems can be found at the following link (http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=21567).


Sec.  105-64.107  What standards of conduct apply to employees with 
privacy-related responsibilities?

    (a) 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.

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    (b) Employees who have access to privacy act records will avoid 
unauthorized disclosure of personal information, both written and 
verbal, and ensure they have met privacy training requirements. All 
such employees will follow GSA orders HCO 9297.1 GSA Data Release 
Policy, HCO 9297.2A GSA Information Breach Notification Policy, HCO 
2180.1 GSA Rules of Behavior for Handling Personally Identifiable 
Information (PII), CIO P 2100.1E CIO P GSA Information Technology (IT) 
Security Policy, and CIO 2104.1 GSA Information Technology (IT) General 
Rules of Behavior.


Sec.  105-64.108  How does GSA safeguard personal information?

    (a) 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.
    (b) System managers will ensure that employees and contractors who 
have access to personal information in their system will have the 
proper background investigation and meet all privacy training 
requirements.


Sec.  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.


Sec.  105-64.110  When may GSA establish computer matching programs?

    (a) 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.
    (b) GSA will designate which positions comprise the Data Integrity 
Board and develop a policy that defines the roles and responsibilities 
of these positions.


Sec.  105-64.111  What is GSA's policy on directives that may conflict 
with this part?

    These rules take precedence over any GSA directive that may 
conflict with the requirements stated here. GSA officials will ensure 
that no such conflict exists in new or existing directives.

Subpart 105-64.2--Access to Records


Sec.  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 to this part). 
Parents or guardians may obtain access to records of minors or when a 
court has determined that the individual of record is incompetent.


Sec.  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.


Sec.  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.


Sec.  105-64.204  Can parents and 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.


Sec.  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.


Sec.  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.


Sec.  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 public 
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.


Sec.  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.


Sec.  105-64.209  What special conditions apply to accessing 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

[[Page 66249]]

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 Access to Records


Sec.  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.


Sec.  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.


Sec.  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''.


Sec.  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 reject 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.


Sec.  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 Records


Sec.  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''.


Sec.  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.
    (d) Records exempted from amendment by notice published in the 
Federal Register.


Sec.  105-64.403  What happens when I submit a request to amend a 
record?

    The system manager will consult with the Head of Service or Staff 
Office or Regional Administrator or their representatives, and legal 
counsel. They will determine whether to amend an existing record by 
comparing its accuracy, relevance, timeliness, and completeness with 
the amendment you propose. The system manager will notify you within 10 
workdays whether your proposed amendment is approved or denied. In case 
of an expected delay, the system manager will acknowledge receipt of 
your request in writing and provide an estimate of when you may expect 
a decision. If your request to amend is approved, the system manager 
will amend the record and send an amended copy to you and to anyone who 
had previously received the record. If your request to amend is denied, 
the system manager will advise you in writing, giving the reason for 
denial, a proposed alternative amendment if possible, and your appeal 
rights. The system manager also will notify the GSA Privacy Act Officer 
of any request for amendment and its disposition. Any amendment to a 
record may involve a person's Official Personnel Folder (OPF). OPF 
regulations are governed by OPM regulations, including alternate 
amendments and appeals of denials, and not GSA regulations.


Sec.  105-64.404  What must I do if I agree to an alternative 
amendment?

    If you agree to the alternative amendment proposed by the system 
manager, you must notify the manager in writing of your concurrence. 
The system manager will amend the record and send an amended copy to 
you and to anyone else who had previously received the record.


Sec.  105-64.405  Can I appeal a denial to amend a record?

    You may file an appeal within 30 workdays of a denial to amend your 
record by writing to the: 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 Amendment 
Appeal.'' Appeals to amend records in a GSA employee's official 
personnel file will be sent to the Office of Personnel Management, 
Washington, DC 20415.


Sec.  105-64.406  How will my appeal be handled?

    The GSA Privacy Act Officer will consult with legal counsel and 
appropriate GSA officials concerning your appeal. If they decide to 
reject your appeal, the Privacy Act Officer will provide the Deputy 
Administrator with all pertinent information about the case and request 
a final administrative decision. The Deputy Administrator may approve 
your amendment, in which case the Privacy Act Officer will notify you 
in writing, and the system manager will amend the record and send an 
amended copy to you and

[[Page 66250]]

anyone who had previously been provided with the record. If the Deputy 
Administrator denies the appeal, he or she will notify you in writing 
of the reason for denial, of your right to a judicial review, and of 
your right to file a Statement of Disagreement. The amendment appeal 
review will be made within 30 workdays after the Privacy Act Officer 
receives your appeal. The Deputy Administrator may extend the time 
limit by notifying you in writing of the reason for the extension 
before the 30 days are up.


Sec.  105-64.407  How do I file a Statement of Disagreement?

    You may file a Statement of Disagreement with the system manager 
within 30 days of the denial to amend a record. The statement should 
explain why you believe the record to be inaccurate, irrelevant, 
untimely, or incomplete. The system manager will file the statement 
with your record, provide a copy to anyone who had previously received 
the record, and include a copy of it in any future disclosure.


Sec.  105-64.408  What is my recourse to a denial decision?

    You may file a civil action to have the GSA decision overturned 
within two years after denial of an amendment appeal. You may file the 
civil action 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 105-64.5--Disclosure of Records


Sec.  105-64.501  Under what conditions may a record be disclosed 
without my consent?

    A system manager may disclose your record without your consent 
under the Privacy Act when the disclosure is: To GSA officials or 
employees in the performance of their official duties; required by the 
Freedom of Information Act; for a routine use stated in a Federal 
Register notice; to the Bureau of the Census for use in fulfilling its 
duties; for statistical research or reporting, and only when the record 
is not individually identifiable; to the National Archives and Records 
Administration (NARA) when the record has been determined to be of 
historical or other value that warrants permanent retention; to a U.S. 
law enforcement agency or instrumentality for a civil or criminal law 
enforcement purpose; under compelling circumstances affecting an 
individual's health and safety, and upon disclosure a notification will 
be sent to the individual; to Congress or its committees and 
subcommittees when the record material falls within their jurisdiction; 
to the Comptroller General or an authorized representative in the 
performance of the duties of the Government Accountability Office 
(GAO); under a court order; or to a consumer reporting agency under the 
Federal Claims Collection Act of 1966, 31 U.S.C. 3711.


Sec.  105-64.502  How do I find out if my record has been disclosed?

    You may request an accounting of the persons or agencies to whom 
your record has been disclosed, including the date and purpose of each 
disclosure, by writing to the system manager. Mark both the envelope 
and the letter ``Privacy Act Accounting Request''. The system manager 
will provide the requested information in the same way as that for 
granting access to records; see Subpart 105-64.2, providing no 
restrictions to disclosure or accounting of disclosures applies.


Sec.  105-64.503  What is an accounting of disclosures?

    The system manager maintains an account of each record disclosure 
for five years or for the life of the record, whichever is longer. The 
accounting of disclosure information includes the name of the person or 
agency to whom your record has been provided, the date, the type of 
information disclosed, and the reason for disclosure. Other pertinent 
information, such as justifications for disclosure and any written 
consent that you may have provided, is also included. No accounting 
needs to be maintained for disclosures to GSA officials or employees in 
the performance of their duties, or disclosures under the Freedom of 
Information Act.


Sec.  105-64.504  Under what conditions will I be denied an accounting 
of disclosures?

    The system manager will deny your request for an accounting of 
disclosures when the disclosures are to GSA officials or employees in 
the performance of their duties or disclosures under the Freedom of 
Information Act, for which no accounting is required; law enforcement 
agencies for law enforcement activities; and systems of records 
exempted by notice in the Federal Register. You may appeal a denial 
using the same procedures as those for denial of access to records, see 
Subpart 105-64.3.

Subpart 105-64.6--Establishing or Revising Systems of Records in 
GSA


Sec.  105-64.601  Procedures for establishing system of records.

    The following procedures apply to any proposed new or revised 
system of records:
    (a) Before establishing a new or revising an existing system of 
records, the system manager, with the concurrence of the appropriate 
Head of Service or Staff Office, will provide to the GSA Privacy Act 
Officer a proposal describing and justifying the new system or 
revision.
    (b) A Privacy Impact Assessment (PIA) will be filled out to 
determine if a system notice needs to be completed.
    (c) The GSA Privacy Act Officer will work with the program office 
to create the draft system of notice document.
    (d) The GSA Privacy Office will work with various offices to take 
the draft system notice through the concurrence process.
    (e) The GSA Privacy Act Officer will publish in the Federal 
Register a notice of intent to establish or revise the system of 
records at least 30 calendar days before the planned system 
establishment or revision date.
    (f) The new or revised system becomes effective 30 days after the 
notice is published in the Federal Register unless submitted comments 
result in a revision to the notice, in which case, a new revised notice 
will be issued.
    (g) When publishing a new system notice letters will be sent to the 
Chairman, Committee on Homeland Security and Governmental Affairs, 
Chairman, Committee on Oversight and Government Reform, and the Docket 
Library Office of Information and Regulatory Affairs, Office of 
Management and Budget.

Subpart 105-64.7--Assistance and Referrals


Sec.  105-64.701  Submittal of requests for assistance and referrals.

    Address requests for assistance involving GSA Privacy Act rules and 
procedures, or for referrals to system managers or GSA officials 
responsible for implementing these rules to: GSA Privacy Act Officer 
(CIB), General Services Administration, 1800 F Street, NW., Washington, 
DC 20405.

Subpart 105-64.8--Privacy Complaints


Sec.  105-64.801  How to file a privacy complaint.

    E-mail your complaint to [email protected] or send to: GSA 
Privacy Act Officer (CIB), General

[[Page 66251]]

Services Administration, 1800 F Street NW., Washington, DC 20405. 
Please provide as much details about the complaint in the 
communication. Provide contact information where you prefer all 
communication to be sent. The Privacy Officer will conduct an 
investigation and consult with appropriate GSA officials and legal 
counsel to render a decision within 30 workdays of the complaint being 
received by the privacy office. The decision will be sent by the method 
the complaint was received.


Sec.  105-64.802  Can I appeal a decision to a privacy complaint?

    You may file an appeal within 30 workdays of a denial of a privacy 
complaint by writing to: GSA Privacy Act Officer (CIB), General 
Services Administration, 1800 F Street NW., Washington, DC 20405. Mark 
both the envelope and appeal letter ``Privacy Act Complaint appeal''.


Sec.  105-64.803  How will my appeal be handled?

    The Privacy Act Officer will consult with legal counsel and the 
appropriate GSA officials concerning your appeal. The decision will be 
made by the Senior Agency Official for Privacy. The decision will be 
sent within 30 workdays of the appeal being received by the privacy 
office. The decision provided in the appeal letter is the final 
recourse.

Appendix A to Part 105-64--Addresses for Geographically Dispersed 
Records

    Address requests for physically dispersed records, as noted in 
the system of records notices, to the Regional Privacy Act 
Coordinator, General Services Administration, at the appropriate 
regional GSA office, as follows:
    Great Lakes Region (includes Illinois, Indiana, Michigan, Ohio, 
Minnesota, and Wisconsin), 230 South Dearborn Street, Chicago, IL 
60604-1696.
    Greater Southwest Region (includes Arkansas, Louisiana, 
Oklahoma, New Mexico, and Texas), 819 Taylor Street, Fort Worth, TX 
76102.
    Mid-Atlantic Region (includes Delaware, Maryland, Pennsylvania, 
Virginia, and West Virginia, but excludes the National Capital 
Region), The Strawbridge Building, 20 North 8th Street, 
Philadelphia, PA 19107-3191.
    National Capital Region (includes the District of Columbia; the 
counties of Montgomery and Prince George's in Maryland; the city of 
Alexandria, Virginia; and the counties of Arlington, Fairfax, 
Loudoun, and Prince William in Virginia), 7th and D Streets, SW., 
Washington, DC 20407.
    New England Region (includes Connecticut, Maine, Massachusetts, 
New Hampshire, Rhode Island, and Vermont), 10 Causeway Street, 
Boston, MA 02222.
    Northeast and Caribbean Region (includes New Jersey, New York, 
Puerto Rico, and Virgin Islands), 26 Federal Plaza, New York, NY 
10278.
    Northwest/Arctic Region (includes Alaska, Idaho, Oregon, and 
Washington), 400 15th Street, SW., Auburn, WA 98001-6599.
    Pacific Rim Region (includes Arizona, California, Hawaii, and 
Nevada), 450 Golden Gate Avenue, San Francisco, CA 94102-3400.
    Rocky Mountain Region (includes Colorado, Montana, North Dakota, 
South Dakota, Utah, and Wyoming), U.S. General Services 
Administration, DFC, Bldg. 41, Rm. 210, P.O. Box 25006, Denver, CO 
80225-0006.
    Southeast-Sunbelt Region (includes Alabama, Florida, Georgia, 
Kentucky, Mississippi, North Carolina, South Carolina, and 
Tennessee), Office of the Regional Administrator (4A), 77 Forsyth 
Street, Atlanta, GA 30303.
    The Heartland Region (includes Iowa, Kansas, Missouri, and 
Nebraska), 1500 East Bannister Road, Kansas City, MO 64131-3088.

[FR Doc. E9-29122 Filed 12-14-09; 8:45 am]
BILLING CODE 6820-34-P