99-16842. Privacy Act Regulations  

  • [Federal Register Volume 64, Number 127 (Friday, July 2, 1999)]
    [Proposed Rules]
    [Pages 35957-35959]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-16842]
    
    
    -----------------------------------------------------------------------
    
    MERIT SYSTEMS PROTECTION BOARD
    
    5 CFR Part 1205
    
    
    Privacy Act Regulations
    
    AGENCY: Merit System Protection Board.
    
    ACTION: Proposed rule; request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Merit System Protection Board proposes to amend its 
    Privacy Act regulations to update its fee schedule, update certain 
    information to conform to administrative changes, and to comply with 
    the President's Memorandum on Plain Language in Government Writing.
    
    DATES: Comments must be received by August 31, 1999.
    
    ADDRESSES: Send comments to Shannon McCarthy, Deputy Clerk of the 
    Board, Merit System Protection Board, 1120 Vermont Avenue, NW, 
    Washington, DC 20419. Comments may be sent via e-mail to mspb@mspb.gov 
    or faxed to (202) 653-7130.
    
    FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
    (202) 653-7200.
    
    SUPPLEMENTARY INFORMATION: In order to be consistent with the 
    amendments to our regulations (5 CFR 1204.11(c)) which were allowed by 
    the Electronic Freedom of Information Act Amendments of 1996 (Pub. L. 
    104-231, 101 Stat. 3048), the Board is proposing to change from 10 to 
    20 the number of workdays in which it will acknowledge a request for 
    access to records in Sec. 1205.12(a) and (a)(4). Section 1205.23 would 
    retain the 10 workday time limit but would reflect the requirement that 
    the Board acknowledge, rather than rule on a request for amendment of 
    the record. The amendments would add to unusual circumstances in 
    Sec. 1205.12(a)(1) the circumstance where the Board must obtain 
    requested records from a Federal Records Center.
        These amendments would also update Sec. 1205.16 of the Board's 
    rules controlling the computation and collection of fees. Paragraphs 
    (e) and (f) of Sec. 1205.16 would be eliminated as redundant and 
    paragraph (f) would be renamed. Section 1205.31 would add a time limit 
    of 10 workdays to file an appeal of a denial of an amendment with the 
    Board's Chairman.
        In addition, the Board proposes to update the wording of its 
    regulations to reflect the existence of field offices in addition to 
    its regional offices and the chief administrative judges who handle 
    certain responsibilities in those offices. Other changes would be made 
    for consistency, to update zip codes, and to comply with the 
    President's Memorandum, ``Plain Language in Government Writing'', 34 
    Weekly Comp. Pres. Doc. 1010 (June 1, 1998).
        List of Subjects in 5 CFR Part 1205 Privacy.
    
        Accordingly, 5 CFR part 1205 is proposed to be revised to read as 
    follows:
    
    PART 1205--PRIVACY ACT REGULATIONS
    
    Subpart A--General Provisions
    
    Sec.
    1205.1  Purpose.
    1205.2  Policy and Scope.
    1205.3  Definitions.
    1205.4  Disclosure of Privacy Act records.
    
    Subpart B--Procedures for Obtaining Records
    
    1205.11  Access to Board records.
    1205.12  Time limits and determinations.
    1205.13  Identification.
    1205.14  Granting access.
    1205.15  Denying access.
    1205.16  Fees.
    
    Subpart C--Amendment of Records
    
    1205.21  Request for amendment.
    1205.22  Action on request.
    1205.23  Time limits.
    
    Subpart D--Appeals
    
    1205.31  Submitting appeal.
    1205.32  Decision on appeal.
    
        Authority: 5 U.S.C. 552a and 1204.
    
    Subpart A--General Provisions
    
    
    Sec. 1205.1  Purpose.
    
        This subpart implements the Privacy Act of 1974, 5 U.S.C. 552a, 
    (``the Act'') by stating the procedures by which individuals may 
    determine the existence of, seek access to, and request amendment of 
    Board records concerning themselves, and by stating the requirements 
    that apply to Board employees' use and disclosure of those records.
    
    
    Sec. 1205.2  Policy and scope.
    
        The Board's policy is to apply these regulations to all records 
    that can be retrieved from a system of records under the Board's 
    control by using an individual's name or by using a number, symbol, or 
    other way to identify the individual. These regulations, however, do 
    not govern the rights of the parties in adversary proceedings before 
    the Board to obtain discovery from adverse
    
    [[Page 35958]]
    
    parties; those rights are governed by part 1201 and part 1209 of this 
    chapter. These regulations also are not meant to allow the alteration, 
    either before or after the Board has issued a decision on an appeal, of 
    evidence presented during the Board's adjudication of the appeal.
    
    
    Sec. 1205.3  Definitions.
    
        The definitions of 5 U.S.C. 552a apply to this part. In addition, 
    as used in this part:
        (a) Inquiry means a request by an individual regarding whether the 
    Board has a record that refers to that individual.
        (b) Request for access means a request by an individual to look at 
    or copy a record.
        (c) Request for amendment means a request by an individual to 
    change the substance of a particular record by addition, deletion, or 
    other correction.
        (d) Requester means the individual requesting access to or 
    amendment of a record. The individual may be either the person to whom 
    the requested record refers, a legal guardian acting on behalf of the 
    individual, or a representative designated by that individual.
    
    
    Sec. 1205.4  Disclosure of Privacy Act records.
    
        (a) Except as provided in 5 U.S.C. 552a(b), the Board will not 
    disclose any personal record information from systems of records it 
    maintains to any individual other than the individual to whom the 
    record refers, or to any other agency, without the express written 
    consent of the individual to whom the record refers, or his or her 
    representative or attorney.
        (b) The Board's staff will take necessary steps, in accordance with 
    the law and these regulations, to protect the security and integrity of 
    the records and the personal privacy interests of the subjects of the 
    records.
    
    Subpart B--Procedures for Obtaining Records
    
    
    Sec. 1205.11  Access to Board records.
    
        (a) Submission of request. Inquires or requests for access to 
    records must be submitted to the appropriate regional or field office 
    of the Board, or to the Clerk of the Board, U.S. Merit Systems 
    Protection Board, 1120 Vermont Avenue NW., Washington, DC 20419-0001. 
    If the requester has reason to believe that the records are located in 
    a regional or field office, the request must be submitted to that 
    office. Requests submitted to the regional or field office must be 
    addressed to the Regional Director or Chief Administrative Judge at the 
    appropriate regional or field office listed in appendix II of 5 CFR 
    part 1201.
        (b) Form. Each submission must contain the following information:
        (1) The name, address, and telephone number of the individual to 
    whom the record refers;
        (2) The name, address, and telephone number of the individual 
    making the request if the requester is someone other than the person to 
    whom the record refers, such as a legal guardian or an attorney, along 
    with evidence of the relationship. Evidence of the relationship may 
    consist of an authenticated copy of:
        (i) The birth certificate of the minor child, and
        (ii) The court document appointing the individual legal guardian, 
    or
        (iii) An agreement for representation signed by the individual to 
    whom the record refers;
        (3) Any additional information that may assist the Board in 
    responding to the request, such as the name of the agency that may have 
    taken an action against an individual, or the docket number of the 
    individual's case;
        (4) The date of the inquiry or request;
        (5) The inquirer's or requester's signature; and
        (6) A conspicuous indication, both on the envelope and the letter, 
    that the inquiry is a ``PRIVACY ACT REQUEST''.
        (c) Identification. Each submission must follow the identification 
    requirements stated in Sec. 1205.13 of this part.
        (d) Payment. Records usually will not be released until fees have 
    been received.
    
    
    Sec. 1205.12  Time limits and determinations.
    
        (a) Board determinations. The Board will acknowledge the request 
    for access to records and make a determination on whether to grant it 
    within 20 workdays after it receives the request, except under the 
    unusual circumstances described below:
        (1) When the Board needs to obtain the records from other Board 
    offices or a Federal Records Center;
        (2) When it needs to obtain and examine a large number of records;
        (3) When it needs to consult with another agency that has a 
    substantial interest in the records requested; or
        (4) When other extenuating circumstances prevent the Board from 
    processing the request within the 20-day period.
        (b) Time extensions. When unusual circumstances exist, the Board 
    may extend the time for making a determination on the request for no 
    more than 10 additional workdays. If it does so, it will notify the 
    requester of the extension.
        (c) Improper request. If a request or an appeal is not properly 
    labeled, does not contain the necessary identifying information, or is 
    submitted to the wrong office, the time period for processing the 
    request will begin when the correct official receives the properly 
    labeled request and the necessary information.
        (c) Determining officials. The Clerk of the Board, a Regional 
    Director, or a Chief Administrative Judge will make determinations on 
    requests.
    
    
    Sec. 1205.13  Identification
    
        (a) In person. Each requester must present satisfactory proof of 
    identify. The following items, which are listed in order of the Board's 
    preference, are acceptable proof of the requester's identity when the 
    request is made in person:
        (1) A document showing the requester's photograph;
        (2) A document showing the requester's signature; or
        (3) If the items described in paragraphs (a)(1) and (2) of the 
    section are not available, a signed statement in which the requester 
    asserts his or her identity and acknowledges understanding that 
    misrepresentation of identity in order to obtain a record is a 
    misdemeanor and subject to fine of up to $5,000 under 5 U.S.C. 
    552a(i)(3).
        (b) By mail. The identification of a requester making a request by 
    mail must be certified by a notary public or equivalent official or 
    contain other information to identify the requester. Information could 
    be the date of birth of the requester and some item of information in 
    the record that only the requester would be likely to know.
        (c) Parents of minors, legal guardians, and representatives. 
    Parents of minors, legal guardians, and representatives must submit 
    identification under paragraph (a) or (b) of this section. 
    Additionally, they must present an authenticated copy of:
        (1) The minor's birth certificate, and
        (2) The court order of guardianship, or
        (3) The agreement of representation, where appropriate.
    
    
    Sec. 1205.14  Granting access.
    
        (a) The Board may allow a requester to inspect records through 
    either of the following methods:
        (1) It may permit the requester to inspect the records personally 
    during normal business chorus at a Board office or other suitable 
    Federal facility closer to the requester; or
        (2) It may mail copies of the records to the requester.
        (b) A requester seeking personal access to records may be 
    accompanied
    
    [[Page 35959]]
    
    by another individual of the requester's choice. Under those 
    circumstances, however, the requester must sign a statement authorizing 
    the discussion and presentation of the record in the accompanying 
    individual's presence.
    
    
    Sec. 1205.15  Denying access.
    
        (a) Basis. In accordance with 5 U.S.C. 552a(k)(2), the Board may 
    deny access to records that are of an investigatory nature and that are 
    compiled for law enforcement purposes. Those requests will be denied 
    only where access to them would otherwise be unavailable under 
    Exemption (b)(7) of the Freedom of Information Act.
        (b) Form. All denials of access under this section will be made in 
    writing and will notify the requester of the right to judicial review.
    
    
    Sec. 1205.16  Fees.
    
        (a) No fees will be charged except for making copies of records.
        (b) Photocopies of records duplicated by the Board will be subject 
    to a charge of 20 cents a page.
        (c) If the fee to be assessed for any request is less than $100 
    (the cost to the Board of processing and collecting the fee), no charge 
    will be made to the requester.
        (d) Fees for copying audio tapes and computer records will be 
    charged at a rate representing the actual costs to the Board, as shown 
    below.
        (1) Audio tapes will be provided at a charge not to exceed $15 for 
    each cassette tape.
        (2) Computer printouts will be provided at a charge of 10 cents a 
    page.
        (3) Records reproduced on computer tapes, computer diskettes, or 
    other electronic media, will be provided at the actual cost to the 
    Board.
        (e) The Board will provide one copy of the amended parts of any 
    record it amends free of charge as evidence of the amendment.
    
    Subpart C--Amendment of Records
    
    
    Sec. 1205.21  Request for amendment.
    
        A request for amendment of a record must be submitted to the 
    Regional Director or Chief Administrative Judge of the appropriate 
    regional or field office, or to the Clerk of the Board, U.S. Merit 
    Systems Protection Board, 1120 Vermont Avenue NW., Washington, DC 
    20419-0001, depending on which office had custody of the record. The 
    request must be in writing, must be identified conspicuously on the 
    outside of the envelope and the letter as a ``PRIVACY ACT REQUEST,'' 
    and must include the following information:
        (a) An identification of the record to be amended;
        (b) A description of the amendment requested; and
        (c) A statement of the basis for the amendment, along with 
    supporting documentation, if any.
    
    
    Sec. 1205.22  Action on request.
    
        (a) Amendment granted. If the Board grants the request for 
    amendment, it will notify the requester and provide him or her with a 
    copy of the amendment.
        (b) Amendment denied. If the Board denies the request for amendment 
    in whole or in part, it will provide the requester with a written 
    notice that includes the following information:
        (1) The basis for the denial; and
        (2) The procedures for appealing the denial.
    
    
    Sec. 1205.23  Time limits.
    
        The Clerk of the Board, Regional Director, or Chief Administrative 
    Judge will acknowledge a request for amendment within 10 workdays of 
    receipt of the request in the appropriate office except under the 
    unusual circumstances described in paragraphs (a)(1) through (a)(4) of 
    Sec. 1205.12 of this part.
    
    Subpart D--Appeals
    
    
    Sec. 1205.31  Submitting appeal.
    
        (a) A partial or complete denial, by the Clerk of the Board, by the 
    Regional Director, or by the Chief Administrative Judge, of a request 
    for amendment may be appealed to the Chairman, Merit System Protection 
    Board, 1120 Vermont Avenue, NW., Washington, DC 20419-0001 within 10 
    workdays from the date of the denial.
        (b) Any appeal must be in writing, must be clearly and 
    conspicuously identified as a Privacy Act appeal on both the envelope 
    and letter, and must include:
        (1) A copy of the original request for amendment of the record;
        (2) A copy of the denial; and
        (3) A statement of the reasons why the original denial should be 
    overturned.
    
    
    Sec. 1205.32  Decision on appeal.
    
        (a) The Chairman will decide the appeal within 30 workdays unless 
    the Chairman determines that there is good cause for extension of that 
    deadline. If an appeal is improperly labeled, does not contain the 
    necessary information, or is submitted to an inappropriate official, 
    the time period for processing that appeal will begin when the Chairman 
    receives the appeal and the necessary information.
        (b) If the request for amendment of a record is granted on appeal, 
    the Chairman will direct that the amendment be made. A copy of the 
    amended record will be provided to the requester.
        (c) If the request for amendment of a record is denied, the 
    Chairman will notify the requester of the denial and will inform the 
    requester of:
        (1) The basis for the denial;
        (2) The right to judicial review of the decision under 5 U.S.C. 
    552a(g)(1)(A); and
        (3) The right to file a concise statement with the Board stating 
    the reasons why the requester disagrees with the denial. This statement 
    will become a part of the requestor's record.
    
        Dated: June 24, 1999.
    Robert E. Taylor,
    Clerk of the Board.
    [FR Doc. 99-16842 Filed 7-1-99; 8:45 am]
    BILLING CODE 7400-01-M
    
    
    

Document Information

Published:
07/02/1999
Department:
Merit Systems Protection Board
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments.
Document Number:
99-16842
Dates:
Comments must be received by August 31, 1999.
Pages:
35957-35959 (3 pages)
PDF File:
99-16842.pdf
CFR: (26)
5 CFR 1205.12(a)(1)
5 CFR 1205.12
5 CFR 1205.13
5 CFR 1205.14
5 CFR 1205.15
More ...