---
kind: "range"
citation: "22 C.F.R. §§ 707.21–707.23"
title: "22"
from: "707.21"
to: "707.23"
count: 3
url: "https://uscodex.org/cfr/22/707.21..707.23"
---

# §707.21. Requests for access to or copies of records.

- (a) **How to submit.** An individual may request access to or copies of records maintained by DFC that are retrieved by an individual's personal identifier. To make a request for records a requester must submit a written request to the Director of Human Resources Management either by mail or delivery to US International Development Finance Corporation, 1100 New York Avenue NW., Washington, DC 20527 or electronic mail to privacy@dfc.gov. The envelope or subject line should read “Privacy Act Request” to ensure proper routing. Access to records maintained by DFC will be provided only by appointment. No officer or employee of DFC shall provide an individual with any records under this part until a written request as described in paragraph (b) of this section is provided and the identity of the individual is verified as described in [paragraph (c)](#c) of this section.

  (b) Information to include. All requests under this section must:

  - (1) **Be in writing and be signed by the requester.** Unless the requester is a current officer or employee of DFC, the letter must also be duly acknowledged before a notary public or other authorized public official or signed under [28 U.S.C. 1746](/usc/28/1746.md), a law that permits statements to be made under penalty of perjury as a substitute for notarization;
  - (2) Provide information sufficient to verify the identity of the requester, including the requester's full name, current address, date of birth, place of birth, or the system of record identification name or number. Also include a clearly legible copy of a valid form of identification. If the request is being made by a parent or guardian on behalf of another, also include the same information for the individual who is the subject of the request along with a court order, birth certificate, or similar document proving the guardianship. DFC will review the sufficiency of identity evidence under [paragraph (c)](#c) of this section;
  - (3) Provide information sufficient to accurately identify the records or information so that DFC staff can locate the records with a reasonable amount of effort. At minimum this should include the full name, the system of record identification name, or the system identification number for the individual who is the subject of the records. Provision of a social security number is optional. If possible, also include a description of the records as well as providing a record creation time range and the name of the systems that should be searched. A description of DFC's system of records can be located in the “Privacy Act Compilation” published by the National Archives and Records Administration's Office of the Federal Register. Each system of records is also published in the Federal Register;
  - (4) **Specify whether the individual wishes access to or copies of the information pertaining to him.** If access is requested, provide at least one preferred date and hour for which an appointment is requested during regular business hours as provided in [paragraph (a)](#a) of this section. DFC encourages appointments to be made at least one week in advance and for a requester to provide at least three preferred appointment times; and
  - (5) Include an agreement to pay fees or an agreement to pay fees up to a specified amount under [§ 707.27](/cfr/22/707.27.md). A request that does not include an agreement to pay fees will be considered an agreement to pay fees up to $25.00.
- (c) **Verification of identity.** Prior to providing any requested information about an individual, the Director of Human Resources Management shall verify the identity of the individual. If the requester is acting as the guardian of the individual who is the subject of the records, the Director will also verify the identity of the individual who is the subject of the records, the relationship between the requester and the subject individual, and that the requester is acting on behalf of the subject individual. In order to verify identity, the Director shall require the individual to provide reasonable proof of identity such as a valid driver's license, identification card, passport, employee identification card, or any other identifying information. The Director shall deny any request where she determines, at her sole discretion, that the evidence offered to verify the identity of an individual is insufficient to conclusively establish the identity of the individual.
- (d) **Release of records.** Originals and record copies will not be released from the files of DFC. Individuals will not be permitted to disturb any record files or to remove records from designated place of examination. If copies were requested in the request letter, copies will be furnished upon payment of the fees prescribed in [§ 707.27](/cfr/22/707.27.md).
- (e) **Denial of request.** If the Director of Human Resources Management declines any request submitted under this section, the denial will be made in writing and contain a brief description of the denial. Denials include a determination that an individual has not provided adequate evidence to verify identity under [paragraph (c)](#c) of this section, a determination that the record cannot be located, and a withholding of a record in whole or in part. In the event of a denial, the requester may file a written appeal within thirty days of the date of notification, following the procedures in [§ 707.25](/cfr/22/707.25.md).

# §707.22. Requests to permit access of records to an individual other than the individual to whom the record pertains.

- (a) **Access by an authorized individual.** An individual requester who wishes to be accompanied by another individual when reviewing records pertaining to the requester must provide DFC with a signed, written statement authorizing discussion of the information contained in the records in the presence of the accompanying individual. Both parties will be required to verify their identity under [§ 707.21(c)](/cfr/22/707.21.md?p=c) before access is granted.
- (b) **Release to an authorized individual.** An individual requester who wishes to have copies of records pertaining to the requester released to another individual must provide DFC with a written statement authorizing release of the information contained in the records to the other individual. The identity of the individual to whom the record pertains must be verified under [§ 707.21(c)](/cfr/22/707.21.md?p=c) before release is authorized.
- (c) **Access or release to parent or guardian.** Guardians will be provided access or copies under the provisions of [§ 707.21](/cfr/22/707.21.md).

# §707.23. Requests for amendment of records.

- (a) **How to submit.** Unless a record is not subject to amendment, per paragraphs [(g)](#g) and [(h)](#h) of this section, an individual may request an amendment of a record to correct information the individual believes is not accurate, relevant, timely, or complete. The request must be in writing, labeled “Privacy Act Request,” and should be addressed to the Director of Human Resources Management. The request may either be mailed to DFC or delivered to the receptionist at 1100 New York Avenue NW., Washington, DC 20527, during regular business hours, between 8:45 a.m. and 5:30 p.m., Monday through Friday, excluding public holidays. The request will be considered received when actually delivered to or, if mailed, when it is actually received by the Director of Human Resources Management.
- (b) **Information to include.** All requests under this section must:
  - (1) **Be in writing and be signed by the requester.** Unless the requester is a current officer or employee of DFC, the letter must also be duly acknowledged before a notary public or other authorized public official or signed under [28 U.S.C. 1746](/usc/28/1746.md), a law that permits statements to be made under penalty of perjury as a substitute for notarization;
  - (2) Provide information sufficient to verify the identity of the requester, including the requester's full name, current address, date of birth, place of birth, or the system of record identification name or number. Also include a clearly legible copy of a valid form of identification. If the request is being made by a parent or guardian on behalf of another, also include the same information for the individual who is the subject of the request along with a court order, birth certificate, or similar document proving the guardianship. DFC will review the sufficiency of identity evidence under [paragraph (c)](#c) of this section;
  - (3) Provide information sufficient to accurately identify each record so that DFC staff can locate the record and information with a reasonable amount of effort. At minimum this should include the full name, the system of record identification name, or the system record identification number for the individual who is the subject of the records and the name for each system that you believe the record is located in. Provision of a social security number is optional. If possible, you should also include a description of the records and provide a record creation time range. A description of DFC's systems of records can be located in the “Privacy Act Compilation” published by the National Archives and Records Administration's Office of the Federal Register. Each system of records is also published in the Federal Register;
  - (4) Specify the correction requested; and
  - (5) Detail the basis for the requester's belief that the records and information are not accurate, relevant, timely, or complete. This includes providing substantial and reliable evidence sufficient to permit DFC to determine whether an amendment is in order.
- (c) **Verification of identity.** Prior to amending information about an individual, the Director of Human Resources Management shall verify the identity of the requesting individual. If the requester is acting as the guardian of the individual who is the subject of the records, the Director will also verify the identity of the individual who is the subject of the records, the relationship between the requester and the subject individual, and that the requester is acting on behalf of the subject individual. In order to verify identity, the Director shall require the individual to provide reasonable proof of identity such as a valid driver's license, identification card, passport, employee identification card, or any other identifying information. The Director shall deny any request where she determines, at her sole discretion, that the evidence offered to verify the identity of an individual is insufficient to conclusively establish the identity of the individual.
- (d) **Acknowledgment of request.** If a request will take longer than ten (10) business days to process, DFC will send the requester an acknowledgment letter. Any request that Director of Human Resources Management determines does not describe records or information in enough detail to permit the staff to promptly locate the records; does not describe the correction requested in enough detail to permit the staff to make a correction; or does not reasonably specify the amendment requested or its basis will be returned without prejudice to the requester and treated as not received.
- (e) **Determination.** The Director of Human Resources Management will provide a determination on a request under this section within thirty (30) days from receipt.
  - (1) **Amendment.** The Director of Human Resources Management will notify the requester in writing if the amendment is made and provide the individual an opportunity to request a copy of the amended record.
  - (2) **Denial.** The Director of Human Resources Management will notify the requester in writing if she denies any portion of a request made under this section. The denial will include a brief explanation of the reason for the refusal and the right of the individual to file an appeal within thirty (30) days, following the procedures in [§ 707.25](/cfr/22/707.25.md). In the event an appeal is denied, a requester may file a statement of disagreement with DFC as described in [§ 707.25(c)](/cfr/22/707.25.md?p=c).
- (f) **Notification of amendment.** Within thirty (30) days of the amendment or correction of a record or the filing of a statement of disagreement, DFC will notify all persons, organizations, or agencies to which it previously disclosed the record, if an accounting of that disclosure was made. If an individual has filed a statement of disagreement, DFC will attach a copy of it to the disputed record whenever the record is disclosed in the future and may also attach a concise statement of its reasons for denying the request to amend or correct.
- (g) **Records not subject to amendment.** The following records are not subject to amendment:
  - (1) Transcripts of testimony given under oath or written statements made under oath;
  - (2) Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings, which are the official record of those proceedings;
  - (3) Presentence records that originated with the courts; and
  - (4) Records in systems of records that have been exempted from amendment and correction under the Privacy Act, 5 U.S.C. [552a(j)](/usc/5/552a.md?p=j) or [(k)](/usc/5/552a.md?p=k) or by notice published in the Federal Register.
- (h) **No amendment permitted.** No part of these rules shall be construed to permit:
  - (1) The alteration of evidence presented in the course of judicial, quasi-judicial, or quasi-legislative proceedings;
  - (2) Collateral attack upon any matter which has been the subject of judicial or quasi-judicial action; or
  - (3) An amendment or correction which would be in violation of an existing statute, executive order, or regulation.