§ 317.111 - Civil court actions.  


Latest version.
  • After exhausting all administrative remedies, an individual may file suit (5 U.S.C 552a(y)) in the Federal court against the agency for any of the following acts:

    (a) Denial of an amendment request. The Assistant Director, Resources, or designee refuses the individual's request for review of the initial denial of an amendment or, after review, refuses to amend the record.

    (b) Denial of access. The agency refuses to allow the individual to review the record or denies his or her request for a copy of the record.

    (c) Failure to meet recordkeeping standards. The agency fails to maintain the individual's record with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination about the individual's rights, benefits, or privileges and, in fact, makes an adverse determination based on the record.

    (d) Failure to comply with the Privacy Act. The agency fails to comply with any other provision of the Privacy Act or any rule or regulation promulgated under the Privacy Act and thereby causes the individual to be adversely affected.