---
kind: "section"
citation: "43 C.F.R. § 2.240"
title: "43"
number: "2.240"
heading: "Requests for notification of existence of records and for access to records: Appeals."
url: "https://uscodex.org/cfr/43/2.240"
---

# §2.240. Requests for notification of existence of records and for access to records: Appeals.

- (a) **Right of appeal.** Except for appeals pertaining to Office of Personnel Management records, individuals who have been notified that they are not entitled to notification of whether a system of records contains records pertaining to them or have been denied access, in whole or part, to a requested record may appeal to the Assistant Secretary—Policy, Budget and Administration.
- (b) **Time for appeal.**
  - (1) An appeal must be received by the Privacy Act Officer no later than twenty (20) working days after the date of the initial decision on a request.
  - (2) **The Assistant Secretary—** Policy, Budget and Administration may, for good cause shown, extend the time for submission of an appeal if a written request for additional time is received within twenty (20) working days of the date of the initial decision on the request.
- (c) **Form of appeal.**
  - (1) An appeal shall be in writing and shall attach copies of the initial request and the decision on the request.
  - (2) The appeal shall contain a brief statement of the reasons why the appellant believes the decision on the initial request to have been in error.
  - (3) The appeal shall be addressed to Privacy Act Officer, Office of the Assistant Secretary—Policy, Budget and Administration, U.S. Department of the Interior, Washington, DC 20240.
- (d) **Action on appeals.**
  - (1) Appeals from decisions on initial requests made pursuant to §§ [2.61](/cfr/43/2.61.md) and [2.63](/cfr/43/2.63.md) shall be decided for the Department by the Assistant Secretary—Policy, Budget and Administration or an official designated by the Assistant Secretary after consultation with the Solicitor.
  - (2) The decision on an appeal shall be in writing and shall state the basis for the decision.

## Notes

### Amendments

[40 FR 44505, Sept. 26, 1975, as amended at 48 FR 56585, Dec. 22, 1983; 53 FR 3749, Feb. 9, 1988]

### Source

Source: 40 FR 44505, Sept. 26, 1975, unless otherwise noted. Redesignated at 67 FR 64530, Oct. 21, 2002. Redesignated at 77 FR 76902, Dec. 31, 2012; 78 FR 6216, Jan. 30, 2013.

### Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

### Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.

### Amendments

[40 FR 44505, Sept. 26, 1975, as amended at 48 FR 56585, Dec. 22, 1983; 53 FR 3749, Feb. 9, 1988]