---
kind: "section"
citation: "36 C.F.R. § 1202.54"
title: "36"
number: "1202.54"
heading: "On what grounds can NARA deny my Privacy Act request?"
url: "https://uscodex.org/cfr/36/1202.54"
---

# §1202.54. On what grounds can NARA deny my Privacy Act request?

- (a) 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.
- (b) A system manager may deny your request for access to your records only if:
  - (1) NARA has published rules in the Federal Register exempting the pertinent system of records from the access requirement; and
  - (2) **The record is exempt from disclosure under the Freedom of Information Act (FOIA).**
- (c) Upon receipt of a request for access to a record which is contained within an exempt system of records, NARA will:
  - (1) Review the record to determine whether all or part of the record must be released to you in accordance with [§ 1202.40](/cfr/36/1202.40.md), notwithstanding the inclusion of the record within an exempt system of records; and
  - (2) Provide access to the record (or part of the record, if it is not fully releasable) in accordance with [§ 1202.46](/cfr/36/1202.46.md) or notify you that the request has been denied in whole or in part.
- (d) 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](/cfr/36/1202.56.md).

## Notes

### Authority

Authority: 5 U.S.C. 552a; 44 U.S.C. 2104(a).

### Source

Source: 66 FR 65652, Dec. 20, 2001, unless otherwise noted.