---
kind: "section"
citation: "10 C.F.R. § 1008.9"
title: "10"
number: "1008.9"
heading: "Action in response to a request for access: initial denial of access."
url: "https://uscodex.org/cfr/10/1008.9"
---

# §1008.9. Action in response to a request for access: initial denial of access.

- (a) A request by an individual for information about or access to a record or information pertaining to that individual that is contained in a system of records may be denied only upon a determination by the appropriate System Manager, with the concurrence of the appropriate General Counsel, that:
  - (1) The record is subject to an exemption under [§ 1008.12](/cfr/10/1008.12.md);
  - (2) The record is information compiled in reasonable anticipation of a civil action or proceeding; or
  - (3) **The individual has unreasonably failed to comply with the procedural requirements of this part.**
- (b) The Privacy Act Officer shall give written notice of the denial of a request of information about or access to records or information pertaining to the individual and contained in a system of records. Such written notice shall be sent by certified or registered mail, return receipt requested and shall include the following information:
  - (1) The System Manager's name and title;
  - (2) The reasons for the denial, including citation to the appropriate sections of the Privacy Act and this part; and
  - (3) Notification of the individual's right to appeal the denial pursuant to [§ 1008.11](/cfr/10/1008.11.md) and to administrative and judicial review under [5 U.S.C. 552a(g)(1)(B)](/usc/5/552a.md?p=g-1-B), as limited by 552a(g)(5).
- (c) **Nothing in this section shall—**
  - (1) Require the furnishing of information or records that are not retrieved by the name or by some other identifying number, symbol or identifying particular of the individual making the request;
  - (2) Prevent a System Manager from waiving any exemption authorizing the denial of records, in accordance with [§ 1008.12](/cfr/10/1008.12.md).

## Notes

### Authority

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 5 U.S.C. 552; 5 U.S.C. 552a; 42 U.S.C. 7254; and 5 U.S.C. 301. Section 1008.22(c) also issued under 42 U.S.C. 405 note.

### Source

Source: 45 FR 61577, Sept. 16, 1980, unless otherwise noted.