[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD
Table of Contents
OB-001 Oversight Board Payroll, Attendance, and Leave System
OB-002 Grievances Filed Under Administrative Grievance
Procedures
OB-003 General Correspondence Files
OB-004 Congressional Correspondence and Report Files
OB-005 Freedom of Information Record System
OB-006 Litigation Information System
OB-007 Contractor Information System
OB-008 Public Affairs Information System
OB-009 Advisory Board Member Files
OB-001
System name: Oversight Board Payroll, Attendance, and Leave
System.
Security classification:
None.
System location:
Office of Management.
Categories of individuals covered by the system:
Current and former employees of the Oversight Board, including
special government employees.
Categories of records in the system:
Payroll and time and attendance records and other records
relating to pay and leave. The system includes identifying
information such as an employee's name, date of birth, home address,
mailing address, social security number and home telephone as well as
information concerning an employee's position, grade or pay level,
earnings, annual and sick leave accrual rate and balance, and
deductions.
Authority for maintenance of the system:
12 U.S.C. 1441a, 31 U.S.C. 3512.
Purpose(s):
Records in this system are used to insure that each employee
receives the proper pay, proper deductions and authorized allotments
are made from employees' pay, and employees are credited and charged
with the proper amounts of sick and annual leave.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. To disclose information to the General Services Administration
in providing payroll support functions for the Oversight Board,
including, but not limited to, issuance of payroll checks, savings
bonds, and earning and leave statements, and preparation of W-2
forms.
2. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, to disclose relevant
information to the appropriate Federal, State, or local agency
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto.
3. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
4. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
5. To disclose information to the Department of Justice, in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
6. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
7. To disclose information to the Merit Systems Protection Board
in connection with appeals and other functions promulgated in 5
U.S.C. 1204.
8. To disclose information to the Office of Special Counsel in
connection with the investigation of alleged or possible prohibited
personnel practices and other functions promulgated in 5 U.S.C. 1212.
9. To disclose information to the Internal Revenue Service and to
agencies of jurisdictions that are authorized to tax an employee's
compensation when necessary to verify or determine tax information or
computations.
10. To disclose information to a Federal, State, county,
municipal, or local agency when necessary to adjudicate a claim under
a program of such an agency for a benefit, such as unemployment or
disability compensation or affordable housing.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
These records are retrieved by the name of the employee on whom
they are maintained.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computerized information is reached
through passwords or codes. Hard copy files are kept in locked metal
cabinets.
Retention and disposal:
Records are retained or disposed of in accordance with the
General Records Schedule of the National Archives and Records
Administration.
System manager(s) and address:
Director, Office of Management, Thrift Depositor Protection
Oversight Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Information in this system of records is provided by employees,
timekeepers, supervisors, and the General Services Administration.
Exemptions claimed for the system:
None.
OB-002
System name: Grievances filed under Administrative Grievance
Procedures.
Security classification:
None.
System location:
Office of Management.
Categories of individuals covered by the system:
Persons filing grievances with the Oversight Board.
Categories of records in the system:
Information or documents relating to the grievance and personal
relief sought, documented materials used in consideration of the
grievance, and correspondence related to the deposition of the
grievance.
Authority for maintenance of the system:
12 U.S.C. 1441a, 5 CFR part 771.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, to disclose relevant
information to the appropriate Federal, State, or local agency
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto.
2. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
3. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. To disclose information to the Department of Justice in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
5. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
6. To disclose information to the Merit Systems Protection Board
in connection with appeals and other functions promulgated in 5
U.S.C. 1204.
7. To disclose information of the Office of Special Counsel in
connection with investigation of alleged or possible prohibited
personnel practices and other functions promulgated in 5 U.S.C. 1212.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
These records are retrieved by the name of the complainant.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computerized information is reached
through passwords or codes. Hard copy files are kept in locked metal
cabinets.
Retention and disposal:
Records are retained and disposed of in accordance with the
General Records Schedule of the National Archives and Records
Administration.
System manager(s) and address:
Director, Office of Management, Thrift Depositor Protection
Oversight Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7. Review of such a request will be limited in scope to
determination of the accuracy of documentation and will not include a
review of the merits of an agency action, determination, or finding.
Record source categories:
Employees, persons testifying or providing information under
administrative procedures, fact-finders in administrative
proceedings, and officials of the Oversight Board.
Exemptions claimed for the system:
None.
OB-003
System name: General Correspondence Files.
Security classification:
None.
System location:
Office of Management.
Categories of individuals covered by the system:
Members and staff of Congress, Federal, State, and local
officials, officers and employees of Federal, State, and local
agencies, representatives of news media, and members of the general
public who have contacted the Oversight Board.
Categories of records in the system:
Correspondence received and sent by or on behalf of the Oversight
Board; and profile descriptions that contain identifying information
concerning the correspondence.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
2. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee of the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member of employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
3. To disclose information to the Department of Justice in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an individual, who may be the writer,
recipient, or subject of correspondence.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
codes. Hard copy files are kept in lockable cabinets.
Retention and disposal:
Records are maintained for five years and then transferred to the
Federal Records Center.
System manager(s) and address:
Correspondence Manager, Thrift Depositor Protection Oversight
Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Individuals who have corresponded with the Oversight Board;
members and officials of the Oversight Board.
Exemptions claimed for the system:
None.
OB-004
System name: Congressional Correspondence and Report Files.
Security classification:
None.
System location:
Office of Congressional Affairs.
Categories of individuals covered by the system:
Members of Congress; officers and employees of the Oversight
Board.
Categories of records in the system:
Correspondence and control information recording requests,
inquiries, and statements of Members of Congress, referrals of
constituents' inquiries, and responses to such requests, inquiries,
and referrals. Reports, briefing papers, and summaries of briefings
of and meetings with Members of Congress.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The records and information in these records may be used:
1. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; (c) any member or employee of the Oversight Board,
including a special government employee, in his or her individual
capacity if the Department of Justice has agreed to represent the
member or employee; or (d) the United States, is a party to the
judicial or administrative proceeding or has an interest in the
proceeding, and by careful review, the Oversight Board determines
that the records are both relevant and necessary to the proceeding
and the use of such records is therefore deemed by the Oversight
Board to be for a purpose that is compatible with the purpose for
which the records were collected.
2. To disclose information to the Department of Justice in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
3. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an individual Member of Congress or of a
member or employee of the Oversight Board.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
passwords or codes. Hard copy files are kept in lockable cabinets.
Retention and disposal:
Upon a person's ceasing to be a Member of Congress, records
concerning such person are transferred to the Federal Records Center.
System manager(s) and address:
Vice President for Congressional Affairs, Thrift Depositor
Protection Oversight Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Members of Congress who have corresponded with the Oversight
Board; members and officials of the Oversight Board.
Exemptions claimed for the system:
None.
OB-005
System name: Freedom of Information Record System.
Security classification:
None.
System location:
Office of Management.
Categories of individuals covered by the system:
Individuals, including representatives of organizations,
requesting access to inspect or copy records of the Oversight Board
under the Freedom of Information Act; and individuals submitting
business information to the Oversight Board who request confidential
treatment of such information.
Categories of records in the system:
Requests for access to or copies of information of the Oversight
Board and replies on behalf of the Oversight Board; control
information identifying the requesters; requests for confidential
treatment of business information submitted to the Oversight Board.
Authority for maintenance of the system:
5 U.S.C. 552, 12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
2. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the versight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
3. To disclose information to the Department of Justice in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
5. To disclose information to the Department of Justice for the
purpose of obtaining its advice in the event that the Oversight Board
deems it desirable or necessary in determining whether particular
records are required to be disclosed under the Freedom of Information
Act.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an individual who requests access to or
copies of information of the Oversight Board or confidential
treatment for business information submitted to the Oversight Board.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
passwords and codes. Hard copy files are kept in lockable cabinets
with limited access.
Retention and disposal:
Records are retained and disposed of in accordance with the
General Records Schedule of the National Archives and Records
Administration.
System manager(s) and address:
Correspondence Manager, Thrift Depositor Protection Oversight
Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Individuals who have requested information of the Oversight Board
under the Freedom of Information Act or have requested confidential
treatment for business information submitted to the Oversight Board;
members and officials of the Oversight Board.
Exemptions claimed for the system:
None.
OB-006
System name: Litigation Information System.
Security classification:
None.
System location:
Office of the General Counsel.
Categories of individuals covered by the system:
Individuals who are parties to administrative or judicial claims
filed against the Oversight Board or a member, officer, or employee
of the Oversight Board or who seek disclosure of information of the
Oversight Board by order of a court.
Categories of records in the system:
Records generated in connection with the litigation,
administrative claim, or court order.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, to disclose relevant
information to the appropriate Federal, State, or local agency
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto.
2. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
3. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. To disclose information to the Department of Justice, in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
5. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Maintained in file folders in lockable cabinets.
Retrievability:
Indexed by the name of a party to the litigation or
administrative claim against the Oversight Board.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Files are kept in lockable cabinets with
limited access.
Retention and disposal:
Records of a case are retained for five years after its
conclusion and then transferred to the Federal Records Center.
System manager(s) and address:
General Counsel, Thrift Depositor Protection Oversight Board,
1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Individuals filing administrative or judicial claims against the
Oversight Board or its members, officers, or employees; Department of
Justice personnel; and Oversight Board personnel.
Exemptions claimed for the system:
None.
OB-007
System name: Contractor Information System.
Security classification:
None.
System location:
Office of Management.
Categories of individuals covered by the system:
Individuals contracting with or seeking to contract with the
Oversight Board.
Categories of records in the system:
Contracts of the Oversight Board and records generated under the
Oversight Board's contracting procedures, including documentation of
qualifications of individuals seeking to contract with the Oversight
Board.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, to disclose relevant
information to the appropriate Federal, State, or local agency
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto.
2. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
3. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. To disclose information to the Department of Justice, in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her official capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
5. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an individual contracting with or seeking
to contract with the Oversight Board.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
passwords or codes. Hard copy files are kept in lockable cabinets.
Retention and disposal:
Records are retained and disposed of in accordance with the
General Records Schedule of the National Archives and Records
Administration.
System manager(s) and address:
Director, Office of Management, Thrift Depositor Protection
Oversight Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Individuals contracting with or seeking to contract with the
Oversight Board; officers and employees of the Oversight Board.
Exemptions claimed for the system:
None.
OB-008
System name: Public Affairs Information System.
Security classification:
None.
System location:
Office of Public Affairs.
Categories of individuals covered by the system:
Current and former members, officers, and employees of the
Oversight Board; Members of Congress.
Categories of records in the system:
Biographies, speeches, and Congressional testimony of current and
former members, officers, and employees of the Oversight Board; news
media articles and press releases concerning current and former
members, officers, and employees of the Oversight Board;
correspondence with Members of Congress.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
2. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
3. To disclose information to the Department of Justice in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board; or (b) any member or employee of
the Oversight Board, including a special government employee, in his
or her official capacity; or (c) any member or employee of the
Oversight Board, including a special government employee, in his or
her individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an individual Member of Congress or of a
current or former member, officer, or employee of the Oversight
Board.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
passwords or codes. Hard copy files are kept in lockable cabinets.
Retention and disposal:
These records are maintained for three years and then transferred
to the Federal Records Center.
System manager(s) and address:
Vice President for Public Affairs, Thrift Depositor Protection
Oversight Board, 1777 F Street, NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Members of Congress who have corresponded with the Oversight
Board; members and officials of the Oversight Board.
Exemptions claimed for the system:
None.
OB-009
System name: Advisory Board Member Files.
Security classification:
None.
System location:
Office of Advisory Board Affairs; Office of the General Counsel.
Categories of individuals covered by the system:
Current and former members of the National and Regional Advisory
Boards and candidates for membership of the Advisory Boards.
Categories of records in the system:
Biographical and financial information concerning Advisory Board
members and candidates for membership; financial disclosure
statements of candidates, and background checks of candidates
conducted by the Secret Service. Travel authorizations and vouchers.
Correspondence of Advisory Board Members and candidates for Advisory
Board membership.
Authority for maintenance of the system:
12 U.S.C. 1441a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used:
1. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal, or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, to disclose relevant
information to the appropriate Federal, State, or local agency
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing a statute, rule,
regulation, or order issued pursuant thereto.
2. To provide information to a Member of Congress or to a
congressional staff member from the record of an individual in
response to an inquiry from a congressional office made at the
written request of an individual about whom the record is maintained.
3. To disclose information in court or in an administrative
proceeding being conducted by a Federal agency when: (a) The
Oversight Board; or (b) any member or employee or the Oversight
Board, including a special government employee, in his or her
official capacity; or (c) any member or employee of the Oversight
Board, including a special government employee, in his or her
individual capacity if the Department of Justice has agreed to
represent the member or employee; or (d) the United States, is a
party to the judicial or administrative proceeding or has an interest
in the proceeding, and by careful review, the Oversight Board
determines that the records are both relevant and necessary to the
proceeding and the use of such records is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
4. To disclose information to the Department of Justice, in a
proceeding before a court, adjudicative body, or other administrative
body when: (a) The Oversight Board, or (b) any member or employee of
the Oversight Board in his or her official capacity, including any
special government employee, and any Advisory Board member; or (c)
any member or employee of the Oversight Board, including any special
government employee, or any Advisory Board member in his or her
individual capacity if the Department of Justice has agreed to
represent such member or employee; or (d) the United States, is a
party to litigation or has an interest in such litigation, and by
careful review, the Oversight Board determines that the records are
both relevant and necessary to the litigation and the use of such
records by the Department of Justice is therefore deemed by the
Oversight Board to be for a purpose that is compatible with the
purpose for which the records were collected.
5. By the National Archives and Records Administration and the
General Services Administration in records management inspections
conducted under 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and in computer
processable storage media.
Retrievability:
Indexed by the name of an Advisory Board member or candidate for
Advisory Board membership.
Safeguards:
Access to these records is limited to personnel whose official
duties require such access. Computer information is reached through
passwords or codes. Hard copy files are kept in locked cabinets.
Retention and disposal:
Records concerning candidates and former members are maintained
for three years and then transfer to the Federal Records Center.
System manager(s) and address:
Director, Advisory Board Affairs, Thrift Depositor Protection
Oversight Board, 1777 F Street NW, Washington, DC 20232; General
Counsel, Thrift Depositor Protection Oversight Board, 1777 F Street
NW, Washington, DC 20232.
Notification procedure:
An individual may inquire of the Privacy Officer of the Oversight
Board at the address given above whether or not a system of records
includes information concerning such individual. Any such inquiry
must comply with 12 CFR 1503.3.
Record access procedure:
An individual may request the Privacy Officer at the address
given above for access to records pertaining to such individual in a
system of records. Any such request must comply with 12 CFR 1503.4.
Contesting record procedures:
An individual may contest the contents of his or her record by
requesting the Privacy Officer at the address given above for
amendment. A request for amendment of records must comply with 12 CFR
1503.7.
Record source categories:
Advisory Board Members and candidates for Advisory Board
membership; and officers and employees of the Oversight Board.
Exemptions claimed for the system:
The specific exemption of 5 U.S.C. 552a(k)(5) for investigatory
material compiled solely for the purpose of determining suitability,
eligibility, or qualifications for Advisory Board membership, but
only to the extent that 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.
THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARDt
THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD
12 CFR PART 1503--PRIVACY ACT PROCEDURES
Sec.
1503.1 Purpose and scope.
1503.2 Definitions.
1503.3 Procedures for determining if an individual's records are
contained in a system of records.
1503.4 Requests for disclosure of records.
1503.5 Disclosure of requested records.
1503.6 Special procedure: Medical records.
1503.7 Requests for amendment of records.
1503.8 Board review of requests for amendment of records.
1503.9 Appeal of initial adverse determinations on access or amendment.
1503.10 Disclosure of a record to a person other than the individual to
whom it pertains.
1503.11 Fees.
1503.12 Exception.
Authority: 5 U.S.C. 552a; 12 U.S.C. 1441a(a)(2); 12 U.S.C.
1441a(a)(13).
Source: 57 FR 61251, Dec. 24, 1992.
Sec. 1503.1 Purpose and scope.
The purpose of this part is to establish regulations implementing the
provisions of the Privacy Act with regard to access to and review of
personal information in systems of records maintained by the Board.
Sec. 1503.2 Definitions.
As used in this part, the following terms shall have the following
meanings:
(a) Board means the Thrift Depositor Protection Oversight Board.
(b) Business day means any day other than a Saturday, Sunday, or legal
Federal public holiday.
(c) Guardian means the parent of a minor individual or the legal
guardian of an individual who has been declared to be incompetent due to
physical or mental incapacity or age by a court of competent
jurisdiction.
(d) Individual means a natural person who is either a citizen of the
United States or an alien lawfully admitted for permanent residence.
(e) Maintain means maintain, collect, use, disseminate, or control.
(f) Privacy Act means the Privacy Act of 1974, as amended, 5 U.S.C.
552a.
(g) Privacy Officer means an officer or employee of the Board
designated by the President of the Board to implement the Privacy Act in
accordance with this part.
(h) Record means any item, collection, or grouping of information
about an individual maintained by the Board that contains his or her
name, or the identifying number, symbol, or other identifying particular
assigned to the individual.
(i) 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 or created.
(j) System of records means a group of any records under the control
of the Board from which information is retrievable by the name of the
individual or some identifying number, symbol, or other identifying
particular assigned to the individual.
(k) Vice President means a Vice President of the Board designated by
the President of the Board to review actions and determinations of the
Privacy Officer and to take action on behalf of the Board with respect
to appeals under this part.
Sec. 1503.3 Procedures for determining if an individual's records
are contained in a system of records.
(a) An individual or his or her guardian desiring to know if a
specific system of records maintained by the Board contains a record
pertaining to such individual shall address an inquiry in writing to the
Privacy Officer, Oversight Board, 1777 F Street, NW, Washington, DC
20232. Notwithstanding the preceding sentence, an individual employed by
the Board is not required while so employed to make such inquiry in
writing. The written inquiry shall:
(1) Identify the system of records maintained by the Board or
reasonably describe the type of record in sufficient detail to permit
the Privacy Officer to identify an existing system of records; and
(2) Identify the individual making the inquiry or on whose behalf the
inquiry is made. The Privacy Officer may require such information
concerning the identity or authority of an individual or guardian as the
Privacy Officer deems appropriate, as provided under Sec. 1503.4(b).
(b) The Privacy Officer shall ordinarily inform an inquirer whether a
system of records described in the written inquiry contains a record
pertaining to an individual within ten business days following receipt
of the inquiry. If the Privacy Officer is unable to respond to a written
inquiry within ten business days following its receipt, the Privacy
Officer shall inform the inquirer of the reasons for delay and the
anticipated date of response.
(c) An affirmative response shall describe or reference the procedures
to be followed in order to gain access to a record.
Sec. 1503.4 Requests for disclosure of records.
(a) Requests by or on behalf of an individual for access to records
pertaining to such individual in a system of records shall be submitted
in writing to the Privacy Officer, Thrift Depositor Protection Oversight
Board, 1777 F Street, NW, Washington, DC 20232, in accordance with the
requirements of paragraph (b) of this section. The written request may
be mailed, or presented in person on a business day between 9 a.m. and 5
p.m. to the Privacy Officer at the offices of the Board specified in the
preceding sentence. The written request and the envelope (if the request
is mailed) shall be clearly marked ``Privacy Act Request.''
Notwithstanding the first sentence of this paragraph (a), an individual
employed by the Board is not required while so employed to request
access to his or her records in writing.
(b) Each written request shall be dated and signed and shall include:
(1) The name, address, and telephone number of the person signing the
request;
(2) The name, address, and telephone number of the individual to whom
a requested record pertains, if such individual is not the person
signing the request, with evidence of authority to act on behalf of the
record subject;
(3) Verification of identity, by providing a document, such as a
photocopy of a driver's license, bearing the signature of the person
signing the request.
(4) Certified or authenticated copies of documents establishing
parentage or guardianship if the request is made by the guardian of the
individual to whom the requested record pertains;
(5) A statement that the individual whose records are requested is a
citizen of the United States or an alien lawfully admitted for permanent
residence in the United States; and
(6) The name and location of the system of records in which the
requested records are contained.
(c) An individual who appears in person at the offices of the Board to
submit a written request for access to his or her records shall present
two forms of identification, such as a driver's license, birth
certificate, or employment identification card, sufficient to establish
his or her identity.
(d) Unless a requested record is publicly available pursuant to the
Freedom of Information Act, 5 U.S.C. 552, the Privacy Officer may
require certification by a notary public attesting to the identity of a
requesting individual or other evidence establishing the identity of the
requesting individual as a condition of making available or releasing a
copy of a record pertaining to such individual. If a request is made by
a guardian or another person acting on behalf of the individual, the
Privacy Officer may require appropriate evidence of authority to act on
behalf of the individual whose records are requested.
(e) Requests by or on behalf of an individual for an accounting made
pursuant to 5 U.S.C. 552a(c) of previous disclosures of records
pertaining to such individual in a system of records shall also be made
and processed in accordance with paragraphs (a) through (d) of this
section.
Sec. 1503.5 Disclosure of requested records.
(a) The Privacy Officer shall ordinarily respond to a request for
access to records or an accounting of previous disclosures within ten
business days following receipt of a request. If the Privacy Officer is
unable to respond within ten business days following receipt of a
request, the Privacy Officer shall inform the requester within ten
business days following receipt of a request of the reasons for delay
and the anticipated date of response.
(b) The Privacy Officer, in responding to a request for access to
records, shall inform the requester:
(1) Whether or not a requested record is maintained by the Board in a
system of records;
(2) Whether or not access will be granted;
(3) If access is granted, of a reasonable time, place, and procedure
for providing access to and copies of the requested records;
(4) Of any fees that may be required pursuant to Sec. 1503.11;
(5) Of any additional information that may be required as a condition
of granting access; and
(6) If access to a record is denied, the reason or reasons for denial
and the procedures for obtaining a review of such denial.
(c) The requester of records may be accompanied in the inspection and
discussion of such records by a person chosen by the requester, provided
that the requester submits a written and signed statement authorizing
the presence of such person during such inspection and discussion.
Sec. 1503.6 Special procedure: Medical records.
Medical records requested pursuant to Sec. 1503.4 will be disclosed to
the requester unless the disclosure of such records directly to the
requester, in the judgment of the Privacy Officer, could have an adverse
effect upon the requester. In such case, such information will be
forwarded to a licensed physician named by the requester.
Sec. 1503.7 Requests for amendment of records.
(a) An individual or his or her guardian may request amendment of
records pertaining to such individual in accordance with the
requirements of this section. Such request shall be in writing and shall
be submitted to the Privacy Officer, Thrift Depositor Protection
Oversight Board, 1777 F Street, NW, Washington, DC 20232, by mail, or in
person on a business day between 9 a.m. and 5 p.m. The written request
and the envelope (if the request is mailed) shall be clearly marked
``Privacy Act Record Amendment.''
(b) Each request shall be dated and signed and shall:
(1) Identify the system of records containing the record for which
amendment or connection is requested;
(2) Specify the record requested to be amended or corrected;
(3) Specify requested additions and deletions;
(4) State the reasons for each requested amendment or correction, with
appropriate supporting information or documentation; and
(5) Identify the requester, referring specifically to any previous
written request for access submitted pursuant to Sec. 1503.4 or
providing the documentation concerning the individual and his or her
guardian required by Sec. 1503.4(b).
(c) An individual who appears in person at the offices of the Board to
submit a written request for amendment or correction of his or her
records shall present two forms of identification such as a driver's
license, birth certificate, or employment identification card,
sufficient to establish his or her identity.
(d) The Privacy Officer may require additional evidence of the
identity or authority of the requester.
(e) This section does not authorize or permit collateral attack upon
the results or findings of a previous judicial or administrative
proceeding.
Sec. 1503.8 Board review of requests for amendment of records.
(a) The Privacy Officer shall acknowledge in writing the receipt of a
request made pursuant to Sec. 1503.7 within two business days of such
receipt. Such acknowledgment may include a request for additional
information necessary for a decision concerning the requested amendment
of a record.
(b) The Privacy Officer shall promptly review each request made
pursuant to Sec. 1503.7 in light of relevant criteria of the Privacy
Act, including, but not limited to, 5 U.S.C. 552a(e) (1) and (5).
(c) Upon completion of such review, the Privacy Officer shall direct
amendment of the record as requested, giving notice of such action to
the requester, or immediately notify the requester that the request for
amendment of a record is denied. If an accounting of disclosures of such
record has been made pursuant to 5 U.S.C. 552a(c), any person or agency
listed in such accounting shall be informed of any amendment.
(d) If a request made pursuant to Sec. 1503.7 is denied in whole or in
part, the Privacy Officer shall inform the requester of the reasons for
such denial, the procedures for obtaining a review of such denial, and
the name and business address of the Vice President.
Sec. 1503.9 Appeal of initial adverse determinations on access or
amendment.
(a) A requester may appeal the denial of a request made pursuant to
Sec. 1503.4 or Sec. 1503.7 in accordance with the provisions of this
section.
(b) An appeal shall be submitted in writing to the Secretary, Thrift
Depositor Protection Oversight Board, 1777 F Street, NW, Washington, DC
20232, within 60 days following issuance of notice of a denial. The
written appeal and the envelope in which it is mailed shall be clearly
marked ``Privacy Act Appeal.'' The written appeal shall be dated and
signed and shall:
(1) State clearly in summary form the request that was denied,
attaching a copy of the Privacy Officer's notice of denial or giving the
date of such notice; and
(2) Set forth the reasons why the requester believes that access to a
record should be granted or a record should be amended.
(c) The Vice President shall complete review of an appeal and, with
the advice of the General Counsel to the Board, make a final
determination within 30 business days following the date on which review
is requested unless, for good cause shown, the President of the Board
extends such period. A requester shall be promptly notified of an
extension of the review period and the reasons therefor. The Vice
President shall promptly give notice to the requester of the
determination to grant access to a record, to amend a record as
requested, or to affirm an initial adverse determination.
(d) If on appeal a request for access to a record made pursuant to
Sec. 1503.4 is granted, the Vice President's notice shall provide the
information described in Sec. 1503.5(b) (3) and (4). If the initial
denial of such request is affirmed, the Vice President's notice shall
include a statement of the reasons for such determination and advise the
requester of the provisions of the Privacy Act concerning judicial
review of such determination, as set forth in 5 U.S.C. 552a(g).
(e)(1) If on appeal a request for amendment of a record made pursuant
to Sec. 1503.7 is granted, the Vice President shall direct amendment of
the record as requested, and the Vice President's notice shall so inform
the requester. If an accounting of disclosures of the record has been
made pursuant to 5 U.S.C. 552a(c), any person or agency listed in the
accounting shall be informed of the amendment.
(2) If the initial adverse determination of a request pursuant to
Sec. 1503.7 is affirmed, the Vice President's notice shall:
(i) Confirm, amplify, or modify the statement of reasons given by the
Privacy Officer for denial of the request;
(ii) Advise the requester of the right to file with the Board a
concise statement of the requester's reasons for disagreeing with the
determination not to amend a record in accordance with the request, as
provided by 5 U.S.C. 552a(d)(3); and
(iii) Advise the requester of the provisions of the Privacy Act
concerning judicial review of the determination, as set forth in 5
U.S.C. 552a(g).
(f) If a requester seeking amendment of a record (``disputed record'')
files a concise statement of disagreement pursuant to 5 U.S.C.
552a(d)(3) and paragraph (e)(2)(ii) of this section, a copy of such
statement shall be provided by the Board to any person or agency to whom
the disputed record is disclosed subsequent to the filing of the
requester's concise statement of disagreement. If an accounting of
previous disclosures of such disputed record has been made pursuant to 5
U.S.C. 552a(c), a notation of the disagreement shall be provided by the
Board to any person or agency listed in such accounting. If deemed
appropriate by the President of the Board, a concise statement of the
Board's reasons for not amending the disputed record shall also be
provided to any person or agency to whom the disputed record is
disclosed subsequent to the filing of the requester's concise statement
of disagreement.
Sec. 1503.10 Disclosure of a record to a person other than the
individual to whom it pertains.
(a) Except as provided in paragraph (b) of this section, the Board
shall not disclose by any means of communication any record contained in
a system of records to any person or agency except with the prior
written consent of the individual to whom the record pertains or of his
or her guardian.
(b) The restrictions on disclosure in paragraph (a) of this section do
not apply to disclosure:
(1) To those officers and employees of the Board who have a need for
the record in the performance of their duties;
(2) Required under the Freedom of Information Act, 5 U.S.C. 552;
(3) For a routine use;
(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, United States Code;
(5) To a recipient who has provided the Board with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, the record to be transferred in a form
that is not individually identifiable;
(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 the designee of the Archivist 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 Board 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 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;
(11) Pursuant to the order of a court of competent jurisdiction; or
(12) To a consumer reporting agency in accordance with 31 U.S.C.
3711(f).
Sec. 1503.11 Fees.
(a) Records disclosed to requesters pursuant to the Privacy Act and
this part shall be duplicated at a cost of $0.10 per page, except as
follows:
(1) If the Privacy Officer determines that access to a record may be
provided only by furnishing a copy of the record, no fee will be charged
for the first copy of the record or any portion thereof;
(2) If duplication fees do not exceed $2 for one request, the fees
will be waived; and
(3) If the Privacy Officer determines it to be in the public interest,
the Privacy Officer may waive any duplication fees.
(b) Requesters will not be charged for search or review of a record.
(c) If it is anticipated that duplication fees will exceed $25, the
requester shall be notified promptly, and processing of the request
shall be suspended until an agreement to pay the requested fees has been
provided by the requester.
Sec. 1503.12 Exception.
Nothing in this part shall allow access to any information compiled in
reasonable anticipation of a civil action or proceeding.