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36 C.F.R. §§ 1008.11–1008.17

7 sections in range

§1008.11. Request for notification of existence of records: Submission.

36 C.F.R. § 1008.11

(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)
The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.
(5)
If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:
(i)
The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;
(ii)
The requester's identity, as required in paragraph 4 above of this section;
(iii)
That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and
(iv)
That the requester is acting on behalf of that individual in making the request.
(6)
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.
Notes, amendments, and revision history

Amendments

[83 FR 50835, Oct. 10, 2018]

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

Amendments

[83 FR 50835, Oct. 10, 2018]

§1008.12. Requests for notification of existence of records: Action on.

36 C.F.R. § 1008.12

(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 § 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.
Notes, amendments, and revision history

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

§1008.13. Requests for access to records.

36 C.F.R. § 1008.13

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.
Notes, amendments, and revision history

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

§1008.14. Requests for access to records: Submission.

36 C.F.R. § 1008.14

(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 § 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)
The request must include verification of the requester's identity, including the requester's full name, current address, and date and place of birth. The request must be signed by the requester, and the signature must be notarized or submitted under 28 U.S.C. 1746, which permits statements to be made under penalty of perjury as a substitute for notarization.
(7)
If the request is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the requester must establish:
(i)
The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at the requester's option, the Social Security number of the individual;
(ii)
The requester's identity, as required in paragraph 6 above of this section;
(iii)
That the requester is the parent or guardian of that individual, which the requester may prove by providing a copy of the individual's birth certificate showing the requester's parentage or by providing a court order establishing the requester's guardianship; and
(iv)
That the requester is acting on behalf of that individual in making the request.
(8)
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.
Notes, amendments, and revision history

Amendments

[83 FR 50836, Oct. 10, 2018]

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

Amendments

[83 FR 50836, Oct. 10, 2018]

§1008.15. Requests for access to records: Initial decision.

36 C.F.R. § 1008.15

(a)
Acknowledgements of requests. Upon receipt of a request, the Presidio Trust ordinarily will send an acknowledgement letter to the requester which will confirm the requester's agreement to pay fees and will provide an assigned request number for further reference.
(b)
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.
(c)
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.
(d)
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 § 1008.15(e), 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 § 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 (d)(2) and (d)(3) of this section will be provided to the Privacy Act Officer.
(e)
Fees.
(1)
No fees may be charged for the cost of searching for or reviewing a record in response to a request made under § 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 § 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 on the Trust's website. 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.
Notes, amendments, and revision history

Amendments

[83 FR 50836, Oct. 10, 2018]

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

Amendments

[83 FR 50836, Oct. 10, 2018]

§1008.16. Requests for notification of existence of records and for access to records: Appeals.

36 C.F.R. § 1008.16

(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 §§ 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.
Notes, amendments, and revision history

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.

§1008.17. Requests for access to records: Special situations.

36 C.F.R. § 1008.17

(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.
Notes, amendments, and revision history

Authority

Authority: Pub. L. 104-333, 110 Stat. 4097 (16 U.S.C. 460bb note); 5 U.S.C. 552a.

Source

Source: 63 FR 71779, Dec. 30, 1998, unless otherwise noted.