[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]
PRESIDENT'S COMMISSION ON WHITE HOUSE FELLOWSHIPS
TABLE OF CONTENTS
White House Fellowships--PCWHF.
PCWHF--1
System name: White House Fellowships--PCWHF.
System location:
President's Commission on White House Fellowships, 712 Jackson
Place, NW, Washington, DC 20503.
Categories of individuals covered by the system:
Applicants for White House Fellowships, speakers for the White
House Fellows' education program, and commission and regional panel
members.
Categories of records in the system:
Applications, index cards and supplemental material on
individuals applying for White House Fellowships; biographical and
other material regarding speakers for the White House Fellows'
seminars, and index cards on prospective and current regional panel
members.
Authority for maintenance of the system:
Executive Order 11183, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
a. Applications are used to select candidates for White House
Fellows; biographical and other material regarding speakers are
distributed to White House Fellows before they meet with them; and
cards on commission and regional panel members are a source file for
memberships.
b. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
See Storage, Retrievability, Safeguards, and Retention and
Disposal below.
Storage:
The records are maintained in the file folders.
Retrievability:
Records are indexed by name.
Safeguards:
Records are maintained in filing cabinets in a secured room.
Records are available only to personnel authorized by the
President's Commission on White House Fellowships.
Retention and disposal:
The applications of those selected as White House Fellows are
maintained indefinitely. Applications of those not selected are
destroyed 60 days after non-selection notice has been mailed.
Biographical and other material regarding speakers for White House
Fellows' seminars are destroyed when they become obsolete. The index
cards of applicants are maintained indefinitely. The index cards on
prospective and current commission and regional panel members are
destroyed when obsolete.
System manager(s) and address:
Assistant Director for Administration, President's Commission on
White House Fellowships, 712 Jackson Place, NW, Washington, DC 20503.
Notification procedure:
Contact the system manager listed above. It is necessary to
furnish the following information in order to identify the individual
whose records are requested.
a. Full name.
b. Date of birth.
c. Year of application (if applicable).
Record access procedures:
An individual can obtain information on the procedures for
gaining access to the records through: Assistant Director for
Administration, President's Commission on White House Fellowships,
712 Jackson Place, NW, Washington, DC 20503.
Contesting record procedures:
An individual can obtain information on the procedures for
contesting the records through: President's Commission on White House
Fellowships, 712 Jackson Place, NW, Washington, DC 20503.
Record source categories:
White House and their evaluators, applicants for White House
Fellowships, speakers, and commission and regional panel members.
PRESIDENTS'S COMMISSION ON WHITE HOUSE FELLOWSHIPS
Title 1-General Provisions
Chapter IV-Miscellaneous Agencies
PART 425--PRESIDENT'S COMMISSION ON WHITE HOUSE FELLOWSHIPS
Sec.
425.1 Purpose and scope.
425.2 Procedures for notification of existence of records pertaining to
individuals.
425.3 Procedure for requests for access to or disclosure of records
pertaining to individuals.
425.4 Correction of records.
425.5 Disclosure of records to agencies or persons other than the
individual to whom the record pertains.
Authority: 5 U.S.C. 552a(f).
Source: 40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, unless
otherwise noted.
Sec. 425.1 Purpose and scope.
This part sets forth the President's Commission on White House
Fellowships procedures under the Privacy Act of 1974 as required by 5
USC 552a(f). Information to applicants regarding the implementation of
this Act is contained in the White House Fellowships Application
Instructions.
Sec. 425.2 Procedures for notification of existence of records
pertaining to individuals.
(a) The system of records, as defined in the Privacy Act of 1974,
maintained by the President's Commission on White House Fellowships is
listed annually in the Federal Register as required by that Act. Any
person who wishes to know whether a system of records contains a record
pertaining to him or her may either appear in person at Room 1308, 1900
E Street, NW, on work days between the hours of 8:30 a.m. and 5 p.m. or
may write to the President's Commission on White House Fellowships
Administrative Officer, Washington, DC 20415 (Phone 202-382-4661). It is
recommended that requests be made in writing.
(b) Requests for notification of the existence of a record should
state, if the requester is other than the individual to whom the record
pertains, the relationship of the requester to that individual. (Note
that requests will not be honored by the Commission pursuant to the
Privacy Act unless made:
(1) By the individual to whom the record pertains or
(2) By such individual's legal guardian if the individual has been
declared to be incompetent due to physical or mental incapacity or age
by a court of competent jurisdiction.
(c) The Commission will acknowledge requests for the existence of
records within 10 working days from the time it receives the request and
will normally notify the requester of the existence or non-existence of
records within 30 working days from receipt of request.
(d) No special identity verification is required for individuals who
wish to know whether a specific system of records pertains to them.
[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40
FR 59187, Dec. 22, 1975]
Sec. 425.3 Procedure for requests for access to or disclosure of
records pertaining to individuals.
(a) Any person may request review of records pertaining to him by
appearing at Room 1308, 1900 E Street, NW, Washington, DC on work days
between the hours of 8:30 a.m. and 5 p.m. or by writing to the
Commission on White House Fellowships Administrative Officer,
Washington, DC 20415. (See paragraph (b) of this section for
identification requirements.) The Commission will strive either to make
the record available within 15 working days of the request or to inform
the requester of the need for additional identification.
(b) In the case of persons making requests by appearing at the
Commission, reasonable identification such as employment identification
cards, drivers licenses, or credit cards will normally be accepted as
sufficient evidence of identity in the absence of any indications to the
contrary.
(c) Charges for copies of records will be at the rate of 0.10 cents
per photocopy of each page. No charge will be made unless the charge as
computed above would exceed 3 for each request or related series of
requests. If a fee in excess of 25 would be required, the requester
shall be notified and the fee must be tendered before the records will
be copied. Remittances shall be in the form either of a personal check
or bank draft drawn on a bank in the United States, or a money order.
Remittances shall be made payable to the order of the Treasury of the
United States and mailed or delivered to the Administrative Officer,
President's Commission on White House Fellowships, 1900 E Street, NW,
Washington, DC 20415.
(d) Individuals will not be denied access to records pertaining to
them.
[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40
FR 59187, Dec. 22, 1975]
Sec. 425.4 Correction of records.
(a) An individual may request that a record or records pertaining to
him or her be amended or corrected. Such requests shall be submitted in
writing to the Administrative Officer at the Commission's business
address.
(b) The signature of the requester will be sufficient identification
for requesting correction of records.
(c) A request for amendment shall contain an exact description of the
item or items sought to be amended and specific reasons for the
requested amendment, as well as the individual's birthdate for purposes
of verifiction of records.
(d) Within 10 working days after receipt of a request to amend a
record, the Administrative Officer shall transmit to the requester a
written acknowledgement of receipt of request. No acknowledgement is
required if the request can be reviewed and processed with notification
to the individual of compliance or denial within the ten-day period.
Requester will be notified within 30 days whether or not his or her
request has been granted.
(e) If the Administrative Officer determines that the requested
amendment is appropriate to insure that the record is:
(1) Relevant and necessary to accomplish the purposes for which the
records were collected; and
(2) As accurate, timely, and complete as are reasonably necessary to
assure fairness to the requester, the Administrative Officer shall:
(i) Change the record accordingly;
(ii) Advise the requester that the change has been made, thirty days
from receipt of written request;
(iii) After an accounting of disclosures has been kept pursuant to 5
U.S.C. 552a(c), advise all previous recipients of the record, who, the
Commission believes, still retain a copy thereof, of the fact that the
amendment was made and the substance of the amendment.
(f) If, after review of the record, the Administrative Officer
determines that the requested amendment is not in conformity with the
requirements of the Act, he shall:
(1) Advise the requester in writing within thirty days of written
request of such determination together with specific reasons therefor;
and
(2) Inform the requester that further review of the request by the
Director of the Commission is available if a written request therefor is
made within 30 days after date of denial.
(g) Within 30 working days of receipt of a written request for review
pursuant to Sec. 425.4(f)(2) the Director shall make an independent
review of the record, using the criteria of Sec. 425.4(e)(1) and (2).
(1) If the Director determines that the record should be amended in
accordance with the request, the Administrative Officer shall take the
actions listed in Sec. 425.4(e)(2)(i), (ii), and (iii).
(2) If the Director, after independent review, determines that the
record should not be amended in accordance with the request, the
Administrative Officer shall advise the requester:
(i) Of the determination and the reasons therefor;
(ii) Of his or her right to file with the Administrative Officer a
concise statement of his or her reasons for disagreeing with the refusal
to amend the record;
(iii) That the record will be annotated to indicate to anyone
subsequently having access to it that a statement of disagreement has
been filed, and that the statement will be made available to anyone to
whom the record is disclosed;
(iv) That the Director and the Administrative Officer may, in their
discretion, include a brief summary of their reasons for refusing to
amend the record whenever such disclosure is made;
(v) That any prior recipients of this disputed record, who, the
Commission believes, still retain a copy thereof, will be sent a copy of
the statement of disagreement, after an accounting of disclosures has
been kept pursuant to 5 U.S.C. 552a(c);
(vi) Of his or her right to seek judicial review of the refusal to
amend the record, pursuant to 5 U.S.C. 552a(g)(1)(A).
[40 FR 59187, Dec. 22, 1975]
Sec. 425.5 Disclosure of records to agencies or persons other than
the individual to whom the record pertains.
Records subject to the Privacy Act that are requested by any person
other than the individual to whom they pertain will not be made
available except under the following circumstances:
(a) Records may be circulated to appropriate officials incident to
placing Fellows in work assignments for the Fellowship year.
(b) An accounting of the date, nature, and purpose of each disclosure
of a record as well as the name and address of the person and agency to
whom the disclosure was made will be indicated on the record. This
accounting is available to the individual to whom the records pertain on
written request to the Commission.
[40 FR 52416, Nov. 10, 1975; 40 FR 56651, Dec. 4, 1975, as amended at 40
FR 59187, Dec. 22, 1975]
PRESIDIO TRUST
PRESIDIO TRUST
36 CFR PART 1008--REQUESTS UNDER THE PRIVACY ACT
Sec.
1008.1 Purpose and scope.
1008.2 Definitions.
1008.3 Records subject to the Privacy Act.
1008.4 Standards for maintenance of records subject to the Privacy Act.
1008.5 Federal Register notices describing systems of records.
1008.6 Assuring integrity of records.
1008.7 Conduct of employees.
1008.8 Government contracts.
1008.9 Disclosure of records.
1008.10 Accounting for disclosures.
1008.11 Requests for notification of existence of records: Submission.
1008.12 Requests for notification of existence of records: Action on.
1008.13 Requests for access to records.
1008.14 Requests for access to records: Submission.
1008.15 Requests for access to records: Initial decision.
1008.16 Requests for notification of existence of records and for
access to records: Appeals.
1008.17 Requests for access to records: Special situations.
1008.18 Amendment of records.
1008.19 Petitions for amendment: Submission and form.
1008.20 Petitions for amendment: Processing and initial decision.
1008.21 Petitions for amendment: Time limits for processing.
1008.22 Petitions for amendment: Appeals.
1008.23 Petitions for amendment: Action on appeals.
1008.24 Statements of disagreement.
Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5
U.S.C. 552a.
Source: 63 FR 71779, Dec. 30, 1998.
Sec. 1008.1 Purpose and scope.
This part contains the regulations of the Presidio Trust implementing
section 3 of the Privacy Act. Sections 1008.3 through 1008.10 describe
the procedures and policies of the Presidio Trust concerning maintenance
of records which are subject to the Privacy Act. Sections 1008.11
through 1008.17 describe the procedure under which individuals may
determine whether systems of records subject to the Privacy Act contain
records relating to them and the procedure under which they may seek
access to existing records. Sections 1008.18 through 1008.24 describe
the procedure under which individuals may petition for amendment of
records subject to the Privacy Act relating to them.
Sec. 1008.2 Definitions.
The following terms have the following meanings as used in this part:
Individual means a citizen of the United States or an alien lawfully
admitted for permanent residence.
Maintain means maintain, collect, use or disseminate.
Privacy Act means 5 U.S.C. 552a.
Privacy Act Officer means the Presidio Trust official charged with
responsibility for carrying out the functions assigned in this part.
Record means any item, collection, or grouping of information about an
individual that is maintained by the Presidio Trust, including, but not
limited to, education, financial transactions, medical history, and
criminal or employment history and that contains the individual's name,
or the identifying number, symbol, or other identifying particular
assigned to the individual, such as a finger or voice print, or a
photograph. Related definitions include:
(1) System of records means a group of any records under the control
of the Presidio Trust from which information is retrieved by the name of
the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual.
(2) Medical records means records which relate to the identification,
prevention, cure or alleviation of any disease, illness or injury
including psychological disorders, alcoholism and drug addiction.
(3) Personnel records means records used for personnel management
programs or processes such as staffing, employee development,
retirement, and grievances and appeals.
(4) Statistical records means records in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual.
Routine use means a use of a record for a purpose which is compatible
with the purpose for which it was collected.
System manager means the official designated in a system notice as
having administrative responsibility for a system of records.
System notice means the notice describing a system of records required
by 5 U.S.C. 552a(e)(4) to be published in the Federal Register upon
establishment or revision of the system of records.
Sec. 1008.3 Records subject to the Privacy Act.
The Privacy Act applies to all records which the Presidio Trust
maintains in a system of records.
Sec. 1008.4 Standards for maintenance of records subject to the
Privacy Act.
(a) Content of records. Records subject to the Privacy Act shall
contain only such information about an individual as is relevant and
necessary to accomplish a purpose of the Presidio Trust required to be
accomplished by statute or Executive Order of the President.
(b) Standards of accuracy. Records subject to the Privacy Act which
are used in making any determination about any individual shall be
maintained with such accuracy, relevance, timeliness, and completeness
as is reasonably necessary to assure fairness to the individual in
making the determination.
(c) Collection of information. (1) Information which may be used in
making determinations about an individual's rights, benefits, and
privileges under Federal programs shall, to the greatest extent
practicable, be collected directly from that individual.
(2) In deciding whether collection of information from an individual,
as opposed to a third party source, is practicable, the following
factors, among others, may be considered:
(i) Whether the nature of the information sought is such that it can
only be obtained from a third party;
(ii) Whether the cost of collecting the information from the
individual is unreasonable when compared with the cost of collecting it
from a third party;
(iii) Whether there is a risk that information collected from third
parties, if inaccurate, could result in an adverse determination to the
individual concerned;
(iv) Whether the information, if supplied by the individual, would
have to be verified by a third party; or
(v) Whether provisions can be made for verification, by the
individual, of information collected from third parties.
(d) Advice to individuals concerning uses of information. (1) Each
individual who is asked to supply information about him or herself which
will be added to a system of records shall be informed of the basis for
requesting the information, how it may be used, and what the
consequences, if any, are of not supplying the information.
(2) At a minimum, the notice to the individual must state:
(i) The authority (whether granted by statute or Executive Order of
the President) which authorizes the solicitation of the information and
whether disclosure of such information is mandatory or voluntary;
(ii) The principal purpose or purposes for which the information is
intended to be used;
(iii) The routine uses which may be made of the information; and
(iv) The effects on the individual, if any, of not providing all or
any part of the requested information.
(3)(i) When information is collected on a standard form, the notice to
the individual shall be provided on the form, on a tear-off sheet
attached to the form, or on a separate sheet, whichever is most
practical.
(ii) When information is collected by an interviewer, the interviewer
shall provide the individual with a written notice which the individual
may retain. If the interview is conducted by telephone, however, the
interviewer may summarize the notice for the individual and need not
provide a copy to the individual unless the individual requests a copy.
(iii) An individual may be asked to acknowledge, in writing, that the
notice required by this section has been provided.
(e) Records concerning activity protected by the First Amendment. No
record may be maintained describing how any individual exercises rights
guaranteed by the First Amendment to the Constitution unless the
maintenance of the record is:
(1) Expressly authorized by statute or by the individual about whom
the record is maintained; or
(2) Pertinent to and within the scope of an authorized law enforcement
activity.
Sec. 1008.5 Federal Register notices describing systems of records.
The Privacy Act requires publication of a notice in the Federal
Register describing each system of records subject to the Privacy Act.
Such notice will be published prior to the establishment or a revision
of the system of records. 5 U.S.C. 552a(e)(4).
Sec. 1008.6 Assuring integrity of records.
(a) Statutory requirement. The Privacy Act requires that records
subject to the Privacy Act be maintained with appropriate
administrative, technical and physical safeguards to insure the security
and confidentiality of records and to protect against any anticipated
threats or hazards to their security or integrity which could result in
substantial harm, embarrassment, inconvenience, or unfairness to any
individual on whom information is maintained, 5 U.S.C. 552a(e)(10).
(b) Records security. Whether maintained in physical or electronic
form, records subject to the Privacy Act shall be maintained in a secure
manner commensurate with the sensitivity of the information contained in
the system of records. The Privacy Act Officer will periodically review
these security measures to ensure their adequacy.
Sec. 1008.7 Conduct of employees.
(a) Handling of records subject to the Privacy Act. Employees whose
duties require handling of records subject to the Privacy Act shall, at
all times, take care to protect the integrity, security and
confidentiality of these records.
(b) Disclosure of records. No employee of the Presidio Trust may
disclose records subject to the Privacy Act unless disclosure is
permitted under Sec. 1008.9 or is to the individual to whom the record
pertains.
(c) Alteration of records. No employee of the Presidio Trust may alter
or destroy a record subject to the Privacy Act unless such alteration or
destruction is:
(1) Properly undertaken in the course of the employee's regular
duties; or
(2) Required by a decision under Sec. Sec. 1008.18 through 1008.23 or
the decision of a court of competent jurisdiction.
Sec. 1008.8 Government contracts.
(a) Required contract provisions. When a contract provides for the
operation by or on behalf of the Presidio Trust of a system of records
to accomplish a Presidio Trust function, the contract shall, consistent
with the Presidio Trust's authority, cause the requirements of 5 U.S.C.
552a and the regulations contained in this part to be applied to such
system.
(b) System manager. A regular employee of the Presidio Trust will be
the manager for a system of records operated by a contractor.
Sec. 1008.9 Disclosure of records.
(a) Prohibition of disclosure. No record contained in a system of
records may be disclosed by any means of communication to any person, or
to another agency, except pursuant to a written request by, or with the
prior written consent of, the individual to whom the record pertains.
(b) General exceptions. The prohibition contained in paragraph (a) of
this section does not apply where disclosure of the record would be:
(1) To those officers or employees of the Presidio Trust who have a
need for the record in the performance of their duties; or
(2) Required by the Freedom of Information Act, 5 U.S.C. 552.
(c) Specific exceptions. The prohibition contained in paragraph (a) of
this section does not apply where disclosure of the record would be:
(1) For a routine use which has been described in a system notice
published in the Federal Register;
(2) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions of
Title 13, U.S. Code.
(3) To a recipient who has provided the system manager responsible for
the system in which the record is maintained with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a
form that is not individually identifiable;
(4) To the National Archives and Records Administration as a record
which has sufficient historical or other value to warrant its continued
preservation by the U.S. 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;
(5) 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 Presidio Trust specifying the particular portion
desired and the law enforcement activity for which the record is sought;
(6) 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;
(7) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(8) To the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of the
General Accounting Office;
(9) Pursuant to the order of a court of competent jurisdiction; or
(10) To a consumer reporting agency in accordance with section 3(d) of
the Federal Claims Collection Act of 1966, as amended (31 U.S.C.
3711(f)).
(d) Reviewing records prior to disclosure. (1) Prior to any disclosure
of a record about an individual, unless disclosure is required by the
Freedom of Information Act, reasonable efforts shall be made to ensure
that the records are accurate, complete, timely and relevant for agency
purposes.
(2) When a record is disclosed in connection with a Freedom of
Information Act request made under this part and it is appropriate and
administratively feasible to do so, the requester shall be informed of
any information known to the Presidio Trust indicating that the record
may not be fully accurate, complete, or timely.
Sec. 1008.10 Accounting for disclosures.
(a) Maintenance of an accounting. (1) Where a record is disclosed to
any person, or to another agency, under any of the specific exceptions
provided by Sec. 1008.9(c), an accounting shall be made.
(2) The accounting shall record:
(i) The date, nature, and purpose of each disclosure of a record to
any person or to another agency; and
(ii) The name and address of the person or agency to whom the
disclosure was made.
(3) Accountings prepared under this section shall be maintained for at
least five years or the life of the record, whichever is longer, after
the disclosure for which the accounting is made.
(b) Access to accountings. (1) Except for accountings of disclosures
made under Sec. 1008.9(c)(5), accountings of all disclosures of a record
shall be made available to the individual to whom the record relates at
the individual's request.
(2) An individual desiring access to an accounting of disclosures of a
record pertaining to the individual shall submit a request by following
the procedures of Sec. 1008.13.
(c) Notification of disclosure. When a record is disclosed pursuant to
Sec. 1008.9(c)(9) as the result of the order of a court of competent
jurisdiction, reasonable efforts shall be made to notify the individual
to whom the record pertains as soon as the order becomes a matter of
public record.
Sec. 1008.11 Request for notification of existence of records:
Submission.
(a) Submission of requests. (1) Individuals desiring to determine
under the Privacy Act whether a system of records contains records
pertaining to them shall address inquiries to the Privacy Act Officer,
The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052, unless
the system notice describing the system prescribes or permits submission
to some other official or officials.
(2) Individuals desiring to determine whether records pertaining to
them are maintained in two or more systems shall make a separate inquiry
concerning each system.
(b) Form of request. (1) An inquiry to determine whether a system of
records contains records pertaining to an individual shall be in
writing.
(2) To expedite processing, both the envelope containing a request and
the face of the request should bear the legend ``PRIVACY ACT INQUIRY.''
(3) The request shall state that the individual is seeking information
concerning records pertaining to him or herself and shall supply such
additional identifying information, if any, as is called for in the
system notice describing the system.
(4) Individuals who have reason to believe that information pertaining
to them may be filed under a name other than the name they are currently
using (e.g., maiden name), shall include such information in the
request.
Sec. 1008.12 Requests for notification of existence of records:
Action on.
(a) Decisions on request. (1) Individuals inquiring to determine
whether a system of records contains records pertaining to them shall be
promptly advised whether the system contains records pertaining to them
unless:
(i) The records were compiled in reasonable anticipation of a civil
action or proceeding; or
(ii) The system of records is one which has been excepted from the
notification provisions of the Privacy Act by rulemaking.
(2) If the records were compiled in reasonable anticipation of a civil
action or proceeding or the system of records is one which has been
excepted from the notification provisions of the Privacy Act by
rulemaking, the individuals will be promptly notified that they are not
entitled to notification of whether the system contains records
pertaining to them.
(b) Authority to deny requests. A decision to deny a request for
notification of the existence of records shall be made by the Privacy
Act officer in consultation with the General Counsel.
(c) Form of decision. (1) No particular form is required for a
decision informing individuals whether a system of records contains
records pertaining to them.
(2) A decision declining to inform an individual whether or not a
system of records contains records pertaining to him or her shall be in
writing and shall:
(i) State the basis for denial of the request;
(ii) Advise the individual that an appeal of the declination may be
made to the Executive Director pursuant to Sec. 1008.16 by writing to
the Executive Director, The Presidio Trust, P.O. Box 29052, San
Francisco, CA 94129-0052; and
(iii) State that the appeal must be received by the foregoing official
within 20 working days of the date of the decision.
(3) If the decision declining a request for notification of the
existence of records involves records which fall under the jurisdiction
of another agency, the individual shall be informed in a written
response which shall:
(i) State the reasons for the denial;
(ii) Include the name, position title, and address of the official
responsible for the denial; and
(iii) Advise the individual that an appeal of the declination may be
made only to the appropriate official of the relevant agency, and
include that official's name, position title, and address.
(4) Copies of decisions declining a request for notification of the
existence of records made pursuant to paragraphs (c)(2) and (c)(3) of
this section shall be provided to the Privacy Act Officer.
Sec. 1008.13 Requests for access to records.
The Privacy Act permits individuals, upon request, to gain access to
their records or to any information pertaining to them which is
contained in a system and to review the records and have a copy made of
all or any portion thereof in a form comprehensive to them. 5 U.S.C.
552a(d)(1). A request for access shall be submitted in accordance with
the procedures in this part.
Sec. 1008.14 Requests for access to records: Submission.
(a) Submission of requests. (1) Requests for access to records shall
be submitted to the Privacy Act Officer unless the system notice
describing the system prescribes or permits submission to some other
official or officials.
(2) Individuals desiring access to records maintained in two or more
separate systems shall submit a separate request for access to the
records in each system.
(b) Form of request. (1) A request for access to records subject to
the Privacy Act shall be in writing and addressed to Privacy Act
Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-
0052.
(2) To expedite processing, both the envelope containing a request and
the face of the request should bear the legend ``PRIVACY ACT REQUEST FOR
ACCESS.''
(3) Requesters shall specify whether they seek all of the records
contained in the system which relate to them or only some portion
thereof. If only a portion of the records which relate to the individual
are sought, the request shall reasonably describe the specific record or
records sought.
(4) If the requester seeks to have copies of the requested records
made, the request shall state the maximum amount of copying fees which
the requester is willing to pay. A request which does not state the
amount of fees the requester is willing to pay will be treated as a
request to inspect the requested records. Requesters are further
notified that under Sec. 1008.15(d) the failure to state willingness to
pay fees as high as are anticipated by the Presidio Trust will delay
processing of a request.
(5) The request shall supply such identifying information, if any, as
is called for in the system notice describing the system.
(6) Requests failing to meet the requirements of this paragraph shall
be returned to the requester with a written notice advising the
requester of the deficiency in the request.
Sec. 1008.15 Requests for access to records: Initial decision.
(a) Decisions on requests. A request made under this part for access
to a record shall be granted promptly unless the record:
(1) Was compiled in reasonable anticipation of a civil action or
proceeding; or
(2) Is contained in a system of records which has been excepted from
the access provisions of the Privacy Act by rulemaking.
(b) Authority to deny requests. A decision to deny a request for
access under this part shall be made by the Privacy Act Officer in
consultation with the General Counsel.
(c) Form of decision. (1) No particular form is required for a
decision granting access to a record. The decision shall, however,
advise the individual requesting the record as to where and when the
record is available for inspection or, as the case may be, where and
when copies will be available. If fees are due under Sec. 1008.15(d),
the individual requesting the record shall also be notified of the
amount of fees due or, if the exact amount has not been determined, the
approximate amount of fees due.
(2) A decision denying a request for access, in whole or part, shall
be in writing and shall:
(i) State the basis for denial of the request;
(ii) Contain a statement that the denial may be appealed to the
Executive Director pursuant to Sec. 1008.16 by writing to the Executive
Director, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-
0052; and
(iii) State that the appeal must be received by the foregoing official
within 20 working days of the date of the decision.
(3) If the decision denying a request for access involves records
which fall under the jurisdiction of another agency, the individual
shall be informed in a written response which shall:
(i) State the reasons for the denial;
(ii) Include the name, position title, and address of the official
responsible for the denial; and
(iii) Advise the individual that an appeal of the declination may be
made only to the appropriate official of the relevant agency, and
include that official's name, position title, and address.
(4) Copies of decisions denying requests for access made pursuant to
paragraphs (c)(2) and (c)(3) of this section will be provided to the
Privacy Act Officer.
(d) Fees. (1) No fees may be charged for the cost of searching for or
reviewing a record in response to a request made under Sec. 1008.14.
(2) Unless the Privacy Act Officer determines that reduction or waiver
of fees is appropriate, fees for copying a record in response to a
request made under Sec. 1008.14 shall be charged in accordance with the
provisions of this section and the current schedule of charges
determined by the Executive Director and published in the compilation
provided under Sec. 1001.7(b) of this chapter. Such charges shall be set
at the level necessary to recoup the full allowable direct costs to the
Trust.
(3) Where it is anticipated that fees chargeable in connection with a
request will exceed the amount the person submitting the request has
indicated a willingness to pay, the Privacy Act Officer shall notify the
requester and shall not complete processing of the request until the
requester has agreed, in writing, to pay fees as high as are
anticipated.
Sec. 1008.16 Requests for notification of existence of records and
for access to records: Appeals.
(a) Right of appeal. Except for appeals pertaining to records under
the jurisdiction of another agency, individuals who have been notified
that they are not entitled to notification of whether a system of
records contains records pertaining to them or have been denied access,
in whole or part, to a requested record may appeal to the Executive
Director.
(b) Time for appeal. (1) An appeal must be received by the Executive
Director no later than 20 working days after the date of the initial
decision on a request.
(2) The Executive Director may, for good cause shown, extend the time
for submission of an appeal if a written request for additional time is
received within 20 working days of the date of the initial decision on
the request.
(c) Form of appeal. (1) An appeal shall be in writing and shall attach
copies of the initial request and the decision on the request.
(2) The appeal shall contain a brief statement of the reasons why the
appellant believes the decision on the initial request to have been in
error.
(3) The appeal shall be addressed to the Executive Director, The
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
(d) Action on appeals. (1) Appeals from decisions on initial requests
made pursuant to Sec. Sec. 1008.11 and 1008.14 shall be decided for the
Presidio Trust by the Executive Director after consultation with the
General Counsel.
(2) The decision on an appeal shall be in writing and shall state the
basis for the decision.
Sec. 1008.17 Requests for access to records: Special situations.
(a) Medical records. (1) Medical records shall be disclosed to the
individual to whom they pertain unless it is determined, in consultation
with a medical doctor, that disclosure should be made to a medical
doctor of the individual's choosing.
(2) If it is determined that disclosure of medical records directly to
the individual to whom they pertain could have an adverse effect on that
individual, the individual may designate a medical doctor to receive the
records and the records will be disclosed to that doctor.
(b) Inspection in presence of third party. (1) Individuals wishing to
inspect records pertaining to them which have been opened for their
inspection may, during the inspection, be accompanied by a person of
their own choosing.
(2) When such a procedure is deemed appropriate, individuals to whom
the records pertain may be required to furnish a written statement
authorizing discussion of their records in the accompanying person's
presence.
Sec. 1008.18 Amendment of records.
The Privacy Act permits individuals to request amendment of records
pertaining to them if they believe the records are not accurate,
relevant, timely or complete. 5 U.S.C. 552a(d)(2). A request for
amendment of a record shall be submitted in accordance with the
procedures in this part.
Sec. 1008.19 Petitions for amendment: Submission and form.
(a) Submission of petitions for amendment. (1) A request for amendment
of a record shall be submitted to the Privacy Act Officer unless the
system notice describing the system prescribes or permits submission to
a different official or officials. If an individual wishes to request
amendment of records located in more than one system, a separate
petition must be submitted with respect to each system.
(2) A petition for amendment of a record may be submitted only if the
individual submitting the petition has previously requested and been
granted access to the record and has inspected or been given a copy of
the record.
(b) Form of petition. (1) A petition for amendment shall be in writing
and shall specifically identify the record for which amendment is
sought.
(2) The petition shall state, in detail, the reasons why the
petitioner believes the record, or the objectionable portion thereof, is
not accurate, relevant, timely or complete. Copies of documents or
evidence relied upon in support of these reasons shall be submitted with
the petition.
(3) The petition shall state, specifically and in detail, the changes
sought in the record. If the changes involve rewriting the record or
portions thereof or involve adding new language to the record, the
petition shall propose specific language to implement the changes.
Sec. 1008.20 Petitions for amendment: Processing and initial
decision.
(a) Decisions on petitions. In reviewing a record in response to a
petition for amendment, the accuracy, relevance, timeliness and
completeness of the record shall be assessed against the criteria set
out in Sec. 1008.4.
(b) Authority to decide. A decision on a petition for amendment shall
be made by the Privacy Act Officer in consultation with the General
Counsel.
(c) Acknowledgment of receipt. Unless processing of a petition is
completed within ten working days, the receipt of the petition for
amendment shall be acknowledged in writing by the Privacy Act Officer.
(d) Inadequate petitions. (1) If a petition does not meet the
requirements of Sec. 1008.19, the petitioner shall be so advised and
shall be told what additional information must be submitted to meet the
requirements of Sec. 1008.19.
(2) If the petitioner fails to submit the additional information
within a reasonable time, the petition may be rejected. The rejection
shall be in writing and shall meet the requirements of paragraph (e) of
this section.
(e) Form of decision. (1) A decision on a petition for amendment shall
be in writing and shall state concisely the basis for the decision.
(2) If the petition for amendment is rejected, in whole or part, the
petitioner shall be informed in a written response which shall:
(i) State concisely the basis for the decision;
(ii) Advise the petitioner that the rejection may be appealed to the
Executive Director, The Presidio Trust, P.O. Box 29052, San Francisco,
CA 94129-0052; and
(iii) State that the appeal must be received by the foregoing official
within 20 working days of the decision.
(3) If the petition for amendment involves records which fall under
the jurisdiction of another agency and is rejected, in whole or part,
the petitioner shall be informed in a written response which shall:
(i) State concisely the basis for the decision;
(ii) Include the name, position title, and address of the official
responsible for the denial; and
(iii) Advise the individual that an appeal of the rejection may be
made only to the appropriate official of the relevant agency, and
include that official's name, position title, and address.
(4) Copies of rejections of petitions for amendment made pursuant to
paragraphs (e)(2) and (e)(3) of this section will be provided to the
Privacy Act Officer.
(f) Implementation of initial decision. If a petition for amendment is
accepted, in whole or part, the system manager maintaining the record
shall:
(1) Correct the record accordingly and,
(2) Where an accounting of disclosures has been made pursuant to
Sec. 1008.10, advise all previous recipients of the record that the
correction was made and the substance of the correction.
Sec. 1008.21 Petitions for amendment: Time limits for processing.
(a) Acknowledgment of receipt. The acknowledgment of receipt of a
petition required by Sec. 1008.20(c) shall be dispatched not later than
ten working days after receipt of the petition by the Privacy Act
Officer, unless a decision on the petition has been previously
dispatched.
(b) Decision on petition. A petition for amendment shall be processed
promptly. A determination whether to accept or reject the petition for
amendment shall be made within 30 working days after receipt of the
petition by the system manager responsible for the system containing the
challenged record.
(c) Suspension of time limit. The 30 working day time limit for a
decision on a petition shall be suspended if it is necessary to notify
the petitioner, pursuant to Sec. 1008.20(d), that additional information
in support of the petition is required. Running of the 30 working day
time limit shall resume on receipt of the additional information by the
system manager responsible for the system containing the challenged
record.
(d) Extensions of time. (1) The 30 working day time limit for a
decision on a petition may be extended if the Privacy Act Officer
determines that an extension is necessary for one of the following
reasons:
(i) A decision on the petition requires analysis of voluminous record
or records;
(ii) Some or all of the challenged records must be collected from
facilities other than the facility at which the Privacy Act Officer is
located; or
(iii) Some or all of the challenged records are of concern to another
agency of the Federal Government whose assistance and views are being
sought in processing the request.
(2) If the official responsible for making a decision on the petition
determines that an extension is necessary, the official shall promptly
inform the petitioner of the extension and the date on which a decision
is expected to be dispatched.
Sec. 1008.22 Petitions for amendment: Appeals.
(a) Right of appeal. Except for appeals pertaining to records under
the jurisdiction of another agency, where a petition for amendment has
been rejected in whole or in part, the individual submitting the
petition may appeal the denial to the Executive Director.
(b) Time for appeal. (1) An appeal must be received no later than 20
working days after the date of the decision on a petition.
(2) The Executive Director may, for good cause shown, extend the time
for submission of an appeal if a written request for additional time is
received within 20 working days of the date of the decision on a
petition.
(c) Form of appeal. (1) An appeal shall be in writing and shall attach
copies of the initial petition and the decision on that petition.
(2) The appeal shall contain a brief statement of the reasons why the
appellant believes the decision on the petition to have been in error.
(3) The appeal shall be addressed to the Executive Director, The
Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
Sec. 1008.23 Petitions for amendment: Action on appeals.
(a) Authority. Appeals from decisions on initial petitions for
amendment shall be decided by the Executive Director, in consultation
with the General Counsel.
(b) Time limit. (1) A final determination on any appeal shall be made
within 30 working days after receipt of the appeal.
(2) The 30 working day period for decision on an appeal may be
extended, for good cause shown, by the Executive Director. If the 30
working day period is extended, the individual submitting the appeal
shall be notified of the extension and of the date on which a
determination on the appeal is expected to be dispatched.
(c) Form of decision. (1) The final determination on an appeal shall
be in writing and shall state the basis for the determination.
(2) If the determination upholds, in whole or part, the initial
decision rejecting the petition for amendment, the determination shall
also advise the individual submitting the appeal:
(i) Of his or her right to file a concise statement of the reasons for
disagreeing with the decision of the Presidio Trust;
(ii) Of the procedure established by Sec. 1008.24 for the filing of
the statement of disagreement;
(iii) That the statement which is filed will be made available to
anyone to whom the record is subsequently disclosed together with, at
the discretion of the Presidio Trust, a brief statement by the Presidio
Trust summarizing its reasons for refusing to amend the record;
(iv) That prior recipients of the challenged record will be provided a
copy of any statement of dispute to the extent that an accounting of
disclosure was maintained; and
(v) Of his or her right to seek judicial review of the Presidio
Trust's refusal to amend the record.
(3) If the determination reverses, in whole or in part, the initial
decision rejecting the petition for amendment, the system manager
responsible for the system containing the challenged record shall be
directed to:
(i) Amend the challenged record accordingly; and
(ii) If an accounting of disclosures has been made, advise all
previous recipients of the record of the amendment and its substance.
Sec. 1008.24 Statements of disagreement.
(a) Filing of statement. If the determination of the Executive
Director under Sec. 1008.23 rejects in whole or part, a petition for
amendment, the individual submitting the petition may file with the
Privacy Act Officer a concise written statement setting forth the
reasons for disagreement with the determination of the Presidio Trust.
(b) Disclosure of statements. In any disclosure of a record containing
information about which an individual has filed a statement of
disagreement under this section which occurs after the filing of the
statement, the disputed portion of the record will be clearly noted and
the recipient shall be provided copies of the statement of disagreement.
If appropriate, a concise statement of the reasons of the Presidio Trust
for not making the requested amendments may also be provided to the
recipient.
(c) Maintenance of statements. System managers shall develop
procedures to assure that statements of disagreement filed with them
shall be maintained in such a way as to assure dissemination of the
statements to recipients of the records to which the statements pertain.