§ 2412.4 - Existence-of-records requests.  


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  • § 2412.4 Existence-of-records requests.

    (a) An individual who desires If you want to know if whether a system of records maintained by the Authority, the General Counsel and , the IG, or the Panel contains a record pertaining to the individual must you, you may submit a written inquiry as follows:

    (1) If the system of records is located in a regional office of the Authority, it should be made to the appropriate Regional Director; and

    (2) If the system of records is located in the office of the Authority, the General Counsel or the Panel

    existence-of-records request by mail to the FLRA's Solicitor or IG, as appropriate, at the Authority's offices in Washington, DC,

    it should be made to the Director of Administration of the Authority, Washington, DC.
    (b) The request shall be in writing and should be clearly and prominently identified

    or by email to privacy@flra.gov.

    (b) You should clearly and prominently identify your request as a Privacy Act request. If you submit the request is submitted by mail or otherwise submitted in an envelope or other cover, it should bear the legend mark “Privacy Act Request” on the envelope or other cover, as well as your return address. If a request does you submit the request by email, the subject line of the email should include the phrase “Privacy Act Request.” If you do not comply with the provisions of this paragraph, it shall your request will not be deemed received until the time it is actually received by the appropriate Regional Director or the Director of Administration of the Authority, as appropriateFLRA's Solicitor or IG.

    (c) The inquiry An existence-of-records request must include the your name and address of the individual and must reasonably describe the system of records in question by the individual. Descriptions of the systems of records maintained by the . Whenever possible, the request should also describe the time periods in which you believe the records were compiled and the name or identifying number of each system of records in which you believe the records are kept. The Authority, the General Counsel, the IG, and the Panel have been published published descriptions of the systems of records they maintain in the Federal Register.

    (d) The appropriate Regional Director or the Director of Administration of the Authority, When you make an existence-of-records request regarding records about yourself, you must verify your identity. You must state your full name, current address, and date and place of birth. You must sign your request and your signature must either be notarized or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. In order to help the identification and location of requested records, you may also, at your option, include your social security number.

    (e) When making an existence-of-records request as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent, you must establish:

    (1) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at your option, the social security number of the individual;

    (2) Your own identity, following the requirements of paragraph (d) of this section;

    (3) That you are the parent or guardian of that individual, which you may prove by providing a copy of the individual's birth certificate showing your parentage or by providing a court order establishing your guardianship; and

    (4) That you are acting on behalf of that individual in making the request.

    (f) The Solicitor or IG, as appropriate, will advise

    the individual

    you in writing within ten (10) working days from receipt of

    the

    your request whether the system of records

    named by the individual

    you identified contains a record pertaining to

    the individual.

    [45 FR 3491, Jan. 17, 1980, as amended at 51 FR 33837, Sept. 23, 1986]

    you or to the individual for whom you are a parent or guardian and, if so, the office in which that record is located. If the Solicitor or IG is prohibited from, or there is otherwise an exemption that prevents, disclosing whether a system of records contains a record pertaining to you or to the individual for whom you are a parent or guardian, you will be notified in writing of the reasons of that determination, and of your right to appeal that determination under the provisions § 2412.12.