§1202.54. On what grounds can NARA deny my Privacy Act request?
36 C.F.R. § 1202.54
NARA can deny your Privacy Act request for records if the records are maintained in an exempt systems of records are described in subpart F of this part.
A system manager may deny your request for access to your records only if:
NARA has published rules in the Federal Register exempting the pertinent system of records from the access requirement; and
The record is exempt from disclosure under the Freedom of Information Act (FOIA).
Upon receipt of a request for access to a record which is contained within an exempt system of records, NARA will:
Review the record to determine whether all or part of the record must be released to you in accordance with § 1202.40, notwithstanding the inclusion of the record within an exempt system of records; and
Provide access to the record (or part of the record, if it is not fully releasable) in accordance with § 1202.46 or notify you that the request has been denied in whole or in part.
If your request is denied in whole or in part, NARA's notice will include a statement specifying the applicable Privacy Act and FOIA exemptions and advising you of the right to appeal the decision as explained in § 1202.56.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 552a; 44 U.S.C. 2104(a).
Source
Source: 66 FR 65652, Dec. 20, 2001, unless otherwise noted.