---
kind: "section"
citation: "36 C.F.R. § 1008.20"
title: "36"
number: "1008.20"
heading: "Petitions for amendment: Processing and initial decision."
url: "https://uscodex.org/cfr/36/1008.20"
---

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

- (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](/cfr/36/1008.4.md).
- (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](/cfr/36/1008.19.md), the petitioner shall be so advised and shall be told what additional information must be submitted to meet the requirements of [§ 1008.19](/cfr/36/1008.19.md).
  - (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)](#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)](#e-2) and [(e)(3)](#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](/cfr/36/1008.10.md), advise all previous recipients of the record that the correction was made and the substance of the correction.

## Notes

### 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.