---
kind: "section"
citation: "24 C.F.R. § 2003.5"
title: "24"
number: "2003.5"
heading: "Initial denial of access to records."
url: "https://uscodex.org/cfr/24/2003.5"
---

# §2003.5. Initial denial of access to records.

- (a) Access by an individual to a record about that individual which is contained in an OIG system of records will be denied only upon a determination by the Privacy Act Officer that:
  - (1) The record was compiled in reasonable anticipation of a civil action or proceeding; or the record is subject to a Privacy Act exemption under [§ 2003.8](/cfr/24/2003.8.md) or [§ 2003.9](/cfr/24/2003.9.md) of this part; and
  - (2) The record is also subject to a FOIA exemption under [§ 2002.21(b)](/cfr/24/2002.21.md?p=b) of this chapter.
- (b) If a request is partially denied, any portions of the responsive record that can be reasonably segregated will be provided to the individual after deletion of those portions determined to be exempt.
- (c) The provisions of 24 CFR [16.6(b)](/cfr/24/16.6.md?p=b) and [16.7](/cfr/24/16.7.md), concerning notification of an initial denial of access and administrative review of the initial denial, apply to the OIG, except that:
  - (1) The final determination of the Inspector General, as Privacy Appeals Officer for the OIG, will be in writing and will constitute final action of the Department on a request for access to a record in an OIG system of records; and
  - (2) If the denial of the request is in whole or in part upheld, the final determination of the Inspector General will include notice of the right to judicial review.

## Notes

### Authority

Authority: 5 U.S.C. 552a; 5 U.S.C. App. 3 (Inspector General Act of 1978); 42 U.S.C. 3535(d).

### Source

Source: 57 FR 62142, Dec. 29, 1992, unless otherwise noted.