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Notes

36 C.F.R. §§ 1008.18–1008.24

7 sections in range

§1008.18. Amendment of records.

36 C.F.R. § 1008.18

The Privacy Act permits individuals to request amendment of records pertaining to them contained in a system of records 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.
Notes, amendments, and revision history

Amendments

[83 FR 50837, 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 50837, Oct. 10, 2018]

§1008.19. Petitions for amendment: Submission and form.

36 C.F.R. § 1008.19

(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, shall specifically identify the record for which amendment is sought, and shall be addressed to the Privacy Act Officer, The Presidio Trust, P.O. Box 29052, San Francisco, CA 94129-0052.
(2)
To expedite processing, both the envelope containing a petition and the face of the petition should bear the legend “PRIVACY ACT PETITION FOR AMENDMENT.”
(3)
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.
(4)
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.
(5)
The petition must include verification of the petitioner's identity, including the petitioner's full name, current address, and date and place of birth. The petition must be signed by the petitioner, 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.
(6)
If the petition is made on behalf of a minor or someone determined by a court to be incompetent, for access to records about that individual, the petitioner 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 petitioner's option, the Social Security number of the individual;
(ii)
The petitioner's identity, as required in paragraph 5 above of this section;
(iii)
That the petitioner is the parent or guardian of that individual, which the petitioner may prove by providing a copy of the individual's birth certificate showing the petitioner's parentage or by providing a court order establishing the petitioner's guardianship; and
(iv)
That the petitioner is acting on behalf of that individual in making the request.
(7)
Petitions failing to meet the requirements of this paragraph shall be returned to the petitioner with a written notice advising the petitioner of the deficiency in the petition.
Notes, amendments, and revision history

Amendments

[83 FR 50837, 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 50837, Oct. 10, 2018]

§1008.20. Petitions for amendment: Processing and initial decision.

36 C.F.R. § 1008.20

(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 § 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 § 1008.19, the petitioner shall be so advised and shall be told what additional information must be submitted to meet the requirements of § 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 § 1008.10, advise all previous recipients of the record that the correction was made and the substance of the correction.
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.

§1008.21. Petitions for amendment: Time limits for processing.

36 C.F.R. § 1008.21

(a)
Acknowledgment of receipt. The acknowledgment of receipt of a petition required by § 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 § 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.
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.

§1008.22. Petitions for amendment: Appeals.

36 C.F.R. § 1008.22

(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.
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.

§1008.23. Petitions for amendment: Action on appeals.

36 C.F.R. § 1008.23

(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 § 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.
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.

§1008.24. Statements of disagreement.

36 C.F.R. § 1008.24

(a)
Filing of statement. If the determination of the Executive Director under § 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.
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.