[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]
NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE
System name: White House Conference Delegate/Alternate
Certification File (D-Ac File).
System location: National Commission on Libraries and Information
Science (NCLIS), 1717 K Street NW, Suite 601, Washington, DC 20036.
Categories of individuals covered by the system: Persons who: (1)
Have been named as delegates or alternates to the White House
Conference on Library and Information Service in accordance with the
procedures established by their individual state or territory; and
(2) have submitted, to NCLIS, though the chief of the state/
territorial library agency, an executed copy of the form,
``Certification of State/Territorial Delegates/Alternates to the
White House Conference on Library and Information Services'' (OMB No.
186-S78001). No more than 1,200 persons will have records in the
file.
Categories of records in the system: Each record will contain the
name, address(es) (home and, if applicable, business), and telephone
number(s) of the delegate/alternate. In addition, the record will
contain in coded form descriptive information such as, primary
language, education, occupation (by broad category), handicap, if
any, association with library or information services, and brief work
history. To the extent that the delegates/alternates choose to
provide it, optional information relating to race, sex, age and
income level will appear in the record.
Authority for maintenance of the system: Pub. L. 93-568, paragraph
(b)(2).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: Upon completion of
certification, NCLIS will return one copy each of the form carrying
the certification to the delegate/alternate and to the chief of the
appropriate state/territorial library agency. Subsequently, NCLIS
will not provide information in the file to persons outside of the
agency, except to the Congress on specific request, or in response to
a formal demand under the Freedom of Information Act. Neither of
these is considered a likely eventuality.
In addition to providing mailing addresses to which materials and
information relating to the conference may be sent, the information
in the files will be used principally:
(1) To verify the designation of each person as a delegate or an
alternate, and as ``library/information related'' or ``nonlibrary/
information related'';
(2) to provide date to be used in analyzing the composition of
the conference delegates and alternates for general statistical
purposes; and
(3) to provide data to be used in allocating the 105 at-large
voting delegate slots for the purpose of offsetting any imbalance in
representation that might inadvertently have occurred in the delegate
selection process.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
The records will be maintained primarily in the form of computer
records on disc storage in a Federal Government computer
installation. Any record or group of records will be retrievable by
any element or combination of elements in the record. The original
certification forms submitted will be retained in a locked file
cabinet, grouped by state and territory.
Access to the computer files will be controlled by a procedures
which bars access by requiring the use of a password to extract data
from the files. This password will be made available only to a
limited number of NCLIS staff members who have a need to know. In
addition, the descriptive information in the file will be in coded
form.
Records will be retained only on designated delegates or
alternates to the White House Conference. Should a person cease to be
a delegate or alternate for any reason, NCLIS will withdraw and
destroy the records upon receipt of official notice of the change.
The entire file, both computer and paper records, will be retained
only so long as it is useful for the White House Conference process,
and, in any event, it will be destroyed by or before September 30,
1980.
System manager(s) and address: Executive Director, National
Commission on Libraries and Information Science, 1717 K Street, NW,
Suite 601, Washington, DC 20036.
Notification procedure: Inquiries may be addressed to the System
Manager as indicated above.
Record access procedures: A request for access may be addressed to
the System Manager. The request must be in writing and meet the
content requirements of 45 CFR part 1705.
Contesting record procedures: A petition for amendment shall be
addressed to the System Manager and must meet the requirements of 45
CFR 1705.6.
Record source categories: All of the information in the record,
with the exceptions noted below, is obtained from the individual who
is the subject of the record.
The designations of an individual as Delegate or Alternate to the
Conference and as Library/Information Related or Lay are entered on
the certification form by the head of the state or territorial
library agency before it is forwarded to NCLIS. The identification
number is assigned by NCLIS and is used only to establish a unique
record.
LIBRARIES AND INFORMATION SCIENCE, NATIONAL COMMISSION
Title 45-Public Welfare
Subtitle B-Regulations Relating to Public Welfare
Chapter XVII-National Commission on Libraries and Information Science
PART 1705--PRIVACY REGULATIONS
Sec.
1705.1 Purpose and scope.
1705.2 Definitions.
1705.3 Procedures for requests pertaining to individual records in the
D/AC File.
1705.4 Times, places, and requirements for identification of individuals
making requests.
1705.5 Disclosure of requested information to individuals.
1705.6 Request for correction or amendment to the record.
1705.7 Agency review of request for correction or amendment of the
record.
1705.8 Appeal of an initial adverse agency determination on correction
or amendment of the record.
1705.9 Disclosure of record to a person other than the individual to
whom the record pertains.
1705.10 Fees.
1705.11 Penalties.
1705.12 Exemptions.
Authority: 5 U.S.C. 552a.
Source: 43 FR 47195, Oct. 13, 1978, unless otherwise noted.
Sec. 1705.1 Purpose and scope.
These procedures provide the means by which individuals may safeguard
their privacy by obtaining access to, and requesting amendments or
corrections in, information, if any, about these individuals which is
contained in the White House Conference Delegate/Alternate Certification
File (D/AC File), which is under the control of the National Commission
on Libraries and Information Science (hereafter, the Commission).
Sec. 1705.2 Definitions.
For the purpose of these procedures:
(a) The term individual means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term maintain includes maintain, collect, use or disseminate;
(c) The term record means any item or set of items about an individual
that is maintained by the Commision in either hard copy or computerized
form, including name, residence and other information obtained from the
form, ``Certification of State/Territorial Delegates/Alternates to the
White House Conference on Library and Information Services.''
(d) The term routine use means, with respect to the disclosure of a
record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
Sec. 1705.3 Procedures for requests pertaining to individual records
in the D/AC File.
(a) An individual who wishes to know whether the D/AC File contains a
record pertaining to him or her shall submit a written request to that
effect to the System Manager at the Commission. The System Manager
shall, within 10 days of receipt of such submission, inform the
individual whether the D/AC File contains such a record.
(b) An individual who desires access to any identified record shall
file a request therefor addressed to the System Manager indicating
whether such individual intends to appear in person at the Commission's
offices or whether he or she desires to receive a copy of any identified
record through the mail.
Sec. 1705.4 Times, places, and requirements for identification of
individuals making requests.
(a) An individual who, in accord with Sec. 1705.3(b) indicated that he
or she would appear personally shall do so at the Commission's offices,
1717 K Street NW, Suite 601, Washington, DC, between the hours of 8:30
a.m. and 4 p.m. Monday through Friday (legal holidays excluded) and
present either:
(1) The response from the System Manager indicating that such a record
exists; or
(2) A copy of the executed certification form, as well as another
suitable form of identification, such as a valid drivers license or
equivalent.
(b) In response to a request for mail delivery, the Commission will
mail only to the home address appearing in the D/AC File a copy of the
record for that individual within 10 working days.
Sec. 1705.5 Disclosure of requested information to individuals.
Upon verification of identity, the System Manager shall disclose to
the individual:
(a) The information contained in the record which pertains to that
individual; and
(b) The accounting of disclosures of the record, if any, required by 5
U.S.C. 552a(c).
Sec. 1705.6 Request for correction or amendment to the record.
If a person wishes a change to be made in the record, he or she should
follow the procedures for making changes which are included in the
instructions accompanying the certification form by which the
information was obtained. Copies of these instructions will be mailed to
any delegate/alternate upon request.
Sec. 1705.7 Agency review of request for correction or amendment of
the record.
Within 10 days of the receipt of the request to correct or to amend
the record, the System Manager will acknowledge in writing such receipt
and promptly either:
(a) Make any correction or amendment of any portion thereof which the
individual believes is not accurate, relevant, timely, or complete and
inform the individual of same: or
(b) Inform the individual of his or her refusal to correct or amend
the record in accordance with the request, the reason for the refusal,
and the procedures established by the Commission for the individual to
request a review of that refusal.
Sec. 1705.8 Appeal of an initial adverse agency determination on
correction or amendment of the record.
An individual who disagrees with the refusal of the System Manager to
correct or to amend his or her record may submit a request for review of
such refusal to the Chairman of the Commission, 1717 K Street NW, Suite
601, Washington, DC 20036. The Chairman will, not later than 30 days
from the date on which the individual requests such review, complete
such review and make a final determination unless, for good cause shown,
the Chairman extends such 30-day period. If, after his or her review,
the Chairman also refuses to correct or to amend the record in
accordance with the request, the individual may file with the Commission
a concise statement setting forth the reasons for his or her
disagreement with the refusal of the Commission and may seek judicial
review of the Chairman's determination under 5 U.S.C.552a(g)(1)(A).
Sec. 1705.9 Disclosure of record to a person other than the
individual to whom the record pertains.
An individual to whom a record is to be disclosed in person may have a
person of his or her own choosing accompany the individual when the
record is disclosed.
Sec. 1705.10 Fees.
(a) The Commission will not charge an individual for the costs of
making a search for a record or the costs of reviewing the record. When
the Commission makes a copy of a record as a necessary part of the
process of disclosing the record to an individual, the Commission will
not charge the individual for the cost of making that copy.
(b) If an individual requests the Commission to furnish him or her
with a copy of the record (when a copy has not otherwise been made as a
necessary part of the process of disclosing the record to the
individual) the Commission will charge a fee of 0.25 cents per page
(maximum per page dimension of 8\1/2\ by 13 inches) to the extent that
the request exceeds 5 dollars in cost to the Commission. Requests not
exceeding 5 dollars in cost to the Commission will be met without cost
to the requester.
Sec. 1705.11 Penalties.
Title 18 U.S.C. 1001, Crimes and Criminal Procedures, makes it a
criminal offense, subject to a maximum fine of 10,000 dollars or
imprisonment for not more than 5 years or both to knowingly and
willfully make or cause to be made any false or fraudulent statements or
representations in any matter within the jurisdiction of any agency of
the United States. Section 552a(i)(3) of the Privacy Act (5 U.S.C.
552a(i)(3)), makes it a misdemeanor, subject to a maximum fine of 5,000
dollars, to knowingly and willfully request or obtain any record
concerning an individual under false pretenses. Section 552a(i) (1) and
(2) of the Privacy Act (5 U.S.C. 552a(i) (1) and (2)) provide penalties
for violations by agency employees of the Privacy Act or regulations
established thereunder.
Sec. 1705.12 Exemptions.
No Commission records system is exempted from the provisions of 5
U.S.C. 552a as permitted under certain conditions by 5 U.S.C. 552a(j)
and (k)