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Notes

36 C.F.R. §§ 1008.3–1008.10

8 sections in range

§1008.3. Records subject to the Privacy Act.

36 C.F.R. § 1008.3

The Privacy Act applies to all records which the Presidio Trust maintains in a system of records.
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.

§1008.4. Standards for maintenance of records subject to the Privacy Act.

36 C.F.R. § 1008.4

(a)
Content of records. Records subject to the Privacy Act shall contain only such information about an individual as is relevant and necessary to accomplish a purpose of the Presidio Trust required to be accomplished by statute or Executive Order of the President.
(b)
Standards of accuracy. Records subject to the Privacy Act which are used in making any determination about any individual shall be maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in making the determination.
(c)
Collection of information.
(1)
Information which may be used in making determinations about an individual's rights, benefits, and privileges under Federal programs shall, to the greatest extent practicable, be collected directly from that individual.
(2)
In deciding whether collection of information from an individual, as opposed to a third party source, is practicable, the following factors, among others, may be considered:
(i)
Whether the nature of the information sought is such that it can only be obtained from a third party;
(ii)
Whether the cost of collecting the information from the individual is unreasonable when compared with the cost of collecting it from a third party;
(iii)
Whether there is a risk that information collected from third parties, if inaccurate, could result in an adverse determination to the individual concerned;
(iv)
Whether the information, if supplied by the individual, would have to be verified by a third party; or (v) Whether provisions can be made for verification, by the individual, of information collected from third parties.
(d)
Advice to individuals concerning uses of information.
(1)
Each individual who is asked to supply information about him or herself which will be added to a system of records shall be informed of the basis for requesting the information, how it may be used, and what the consequences, if any, are of not supplying the information.
(2)
At a minimum, the notice to the individual must state:
(i)
The authority (whether granted by statute or Executive Order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;
(ii)
The principal purpose or purposes for which the information is intended to be used;
(iii)
The routine uses which may be made of the information; and
(iv)
The effects on the individual, if any, of not providing all or any part of the requested information.
(3)
(i)
When information is collected on a standard form, the notice to the individual shall be provided on the form, on a tear-off sheet attached to the form, or on a separate sheet, whichever is most practical.
(ii)
When information is collected by an interviewer, the interviewer shall provide the individual with a written notice which the individual may retain. If the interview is conducted by telephone, however, the interviewer may summarize the notice for the individual and need not provide a copy to the individual unless the individual requests a copy.
(iii)
An individual may be asked to acknowledge, in writing, that the notice required by this section has been provided.
(e)
Records concerning activity protected by the First Amendment. No record may be maintained describing how any individual exercises rights guaranteed by the First Amendment to the Constitution unless the maintenance of the record is:
(1)
Expressly authorized by statute or by the individual about whom the record is maintained; or
(2)
Pertinent to and within the scope of an authorized law enforcement activity.
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.

§1008.5. Federal Register notices describing systems of records.

36 C.F.R. § 1008.5

The Privacy Act requires publication of a notice in the Federal Register describing each system of records subject to the Privacy Act. Such notice will be published prior to the establishment or a revision of the system of records. 5 U.S.C. 552a(e)(4).
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.

§1008.6. Assuring integrity of records.

36 C.F.R. § 1008.6

(a)
Statutory requirement. The Privacy Act requires that records subject to the Privacy Act be maintained with appropriate administrative, technical and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained, 5 U.S.C. 552a(e)(10).
(b)
Records security. Whether maintained in physical or electronic form, records subject to the Privacy Act shall be maintained in a secure manner commensurate with the sensitivity of the information contained in the system of records. The Privacy Act Officer will periodically review these security measures to ensure their adequacy.
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.

§1008.7. Conduct of employees.

36 C.F.R. § 1008.7

(a)
Handling of records subject to the Privacy Act. Employees whose duties require handling of records subject to the Privacy Act shall, at all times, take care to protect the integrity, security and confidentiality of these records.
(b)
Disclosure of records. No employee of the Presidio Trust may disclose records subject to the Privacy Act unless disclosure is permitted under § 1008.9 or is to the individual to whom the record pertains.
(c)
Alteration of records. No employee of the Presidio Trust may alter or destroy a record subject to the Privacy Act unless such alteration or destruction is:
(1)
Properly undertaken in the course of the employee's regular duties; or
(2)
Required by a decision under §§ 1008.18 through 1008.23 or the decision of a court of competent jurisdiction.
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.

§1008.8. Government contracts.

36 C.F.R. § 1008.8

(a)
Required contract provisions. When a contract provides for the operation by or on behalf of the Presidio Trust of a system of records to accomplish a Presidio Trust function, the contract shall, consistent with the Presidio Trust's authority, cause the requirements of 5 U.S.C. 552a and the regulations contained in this part to be applied to such system.
(b)
System manager. A regular employee of the Presidio Trust will be the manager for a system of records operated by a contractor.
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.

§1008.9. Disclosure of records.

36 C.F.R. § 1008.9

(a)
Prohibition of disclosure. No record contained in a system of records may be disclosed by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.
(b)
General exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:
(1)
To those officers or employees of the Presidio Trust who have a need for the record in the performance of their duties; or
(2)
Required by the Freedom of Information Act, 5 U.S.C. 552.
(c)
Specific exceptions. The prohibition contained in paragraph (a) of this section does not apply where disclosure of the record would be:
(1)
For a routine use which has been described in a system notice published in the Federal Register;
(2)
To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13, U.S. Code;
(3)
To a recipient who has provided the system manager responsible for the system in which the record is maintained with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;
(4)
To the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value;
(5)
To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Presidio Trust specifying the particular portion desired and the law enforcement activity for which the record is sought;
(6)
To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;
(7)
To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;
(8)
To the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office;
(9)
Pursuant to the order of a court of competent jurisdiction; or
(10)
To a consumer reporting agency in accordance with section 3(d) of the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711(e)).
(d)
Reviewing records prior to disclosure.
(1)
Prior to any disclosure of a record about an individual, unless disclosure is required by the Freedom of Information Act, reasonable efforts shall be made to ensure that the records are accurate, complete, timely and relevant for agency purposes.
(2)
When a record is disclosed in connection with a Freedom of Information Act request made under this part and it is appropriate and administratively feasible to do so, the requester shall be informed of any information known to the Presidio Trust indicating that the record may not be fully accurate, complete, or timely.
(e)
Notice of court-ordered and emergency disclosures.
(1)
Court-ordered disclosures. When a record pertaining to an individual is required to be disclosed by a court order, the Presidio Trust will make reasonable efforts to provide notice of this to the individual. Notice will be given within a reasonable time after the Presidio Trust's receipt of the order—except that in a case in which the order is not a matter of public record, the notice will be given only after the order becomes public. This notice will be mailed to the individual's last known address and will contain a copy of the order and a description of the information disclosed. Notice will not be given if disclosure is made from a criminal law enforcement system of records that has been exempted from the notice requirement.
(2)
Emergency disclosures. Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the Presidio Trust will notify that individual of the disclosure. This notice will be mailed to the individual's last known address and will state the nature of the information disclosed, the person, organization or agency to which it was disclosed, the date of the disclosure, and the compelling circumstances justifying the disclosure.
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]

§1008.10. Accounting for disclosures.

36 C.F.R. § 1008.10

(a)
Maintenance of an accounting.
(1)
Where a record is disclosed to any person, or to another agency, under any of the specific exceptions provided by § 1008.9(c), an accounting shall be made.
(2)
The accounting shall record:
(i)
The date, nature, and purpose of each disclosure of a record to any person or to another agency; and
(ii)
The name and address of the person or agency to whom the disclosure was made.
(3)
Accountings prepared under this section shall be maintained for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made.
(b)
Access to accountings.
(1)
Except for accountings of disclosures made under § 1008.9(b) or 1008.9(c)(5), accountings of all disclosures of a record shall be made available to the individual to whom the record relates at the individual's request.
(2)
An individual desiring access to an accounting of disclosures of a record pertaining to the individual shall submit a request by following the procedures of § 1008.13.
(c)
Notification of disclosure. When a record is disclosed pursuant to § 1008.9(c)(9) as the result of the order of a court of competent jurisdiction, reasonable efforts shall be made to notify the individual to whom the record pertains as soon as the order becomes a matter of public record.
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]