[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8840-8847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4452]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Federal Housing Enterprise Oversight
12 CFR Part 1720
RIN 2550-AA05
Implementation of the Privacy Act of 1974
AGENCY: Office of Federal Housing Enterprise Oversight, HUD.
ACTION: Interim regulation with request for comments.
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SUMMARY: The Office of Federal Housing Enterprise Oversight is issuing
an interim regulation to implement the Privacy Act of 1974. The
regulation sets forth the procedures by which an individual may request
access to records about him/her that are maintained by OFHEO, amendment
of such records, or an accounting of disclosures of such records. OFHEO
is requesting comments on the regulation.
DATES: This interim regulation is effective February 23, 1998. Comments
regarding the regulation must be received in writing on or before April
24, 1998.
ADDRESSES: Send written comments to Anne E. Dewey, General Counsel,
Office of General Counsel, Office of Federal Housing Enterprise
Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.
Copies of all comments received will be available for examination by
interested parties at the Office of Federal Housing Enterprise
[[Page 8841]]
Oversight, 1700 G Street, NW., Fourth Floor, Washington, DC 20552.
FOR FURTHER INFORMATION CONTACT: Gary L. Norton, Deputy General
Counsel, or Isabella W. Sammons, Associate General Counsel, Office of
General Counsel, Office of Federal Housing Enterprise Oversight, 1700 G
Street, NW., Fourth Floor, Washington, DC 20552, telephone (202) 414-
3800 (not a toll-free number). The toll-free telephone number for the
Telecommunications Device for the Deaf is (800) 877-8339.
SUPPLEMENTARY INFORMATION:
Effective Date
The Office of Federal Housing Enterprise Oversight (OFHEO) has
determined that it is in the public interest to publish an interim
regulation that is effective immediately in order to give effect to the
OFHEO Notice of Systems of Records published elsewhere in this issue of
the Federal Register. The immediate effective date will permit the
public to gain access to information pertaining to themselves without
delay. The Administrative Procedure Act (APA) permits agencies to forgo
the notice and comment period and to make a regulation effective
immediately if doing so would be in the public interest. 5 U.S.C.
553(b) and (d).
Request for Public Comment
OFHEO is seeking comments on the interim regulation. Before making
this interim regulation final, OFHEO will carefully review and consider
all comments.
Discussion of Regulation
Section 1720.1 Scope
This section explains that the regulation implements the provisions
of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).
The regulation sets forth the procedures by which an individual may
request access to records about him/her that are maintained by OFHEO in
a designated system of records, may request amendment of such records,
or may request an accounting of disclosures of such records.
This section further explains that a request from an individual for
a record about that individual that is not contained in an OFHEO
designated system of records will be considered to be a Freedom of
Information Act (FOIA) (5 U.S.C. 552) request and will be processed
under the FOIA.
Section 1720.2 Definitions
This section defines various terms as follows:
Amendment means any correction of, addition to, or deletion from a
record.
Designated system of records means a system of records that OFHEO
has listed and summarized in the Federal Register pursuant to the
requirements of 5 U.S.C. 552a(e).
Individual means a natural person who is either a citizen of the
United States of America or an alien lawfully admitted for permanent
residence.
Maintain includes collect, use, disseminate, or control.
Privacy Act Appeals Officer means the OFHEO employee who has been
delegated the authority to determine Privacy Act appeals.
Privacy Act Officer means the OFHEO employee who has been delegated
the authority to determine Privacy Act requests.
Record means any item, collection, or grouping of information about
an individual that is maintained by OFHEO and that contains his/her
name, or the identifying number, symbol, or other identifying
particular assigned to the individual.
Routine use, with respect to disclosure of a record, means the use
of such record for a purpose that is compatible with the purpose for
which it was created.
Statistical Record means a record in a system of records maintained
only for statistical research or reporting purposes and not used, in
whole or in part, in making any determination about an identifiable
individual, except as provided by 13 U.S.C. 8.
System of records means a group of records under the control of
OFHEO from which information is retrieved by the name of the individual
or some identifying number, symbol, or other identifying particular
assigned to the individual.
Section 1720.3 Requests for Access to Individual Records
This section explains how individuals may request access to records
about themselves that are maintained by OFHEO. The procedure depends on
whether or not the records are contained in a governmentwide system of
records of another Federal agency or in a system of records of OFHEO.
If the records are contained in a governmentwide system of records
of the U.S. Office of Personnel Management (OPM), the request is
submitted to the agency specified (which may be other than OFHEO) as
prescribed by OPM in its regulations found at 5 CFR part 297 and in the
OPM Federal Register Privacy Act notice for the specific governmentwide
system. If the records are contained in a governmentwide system of
records of another Federal Register Privacy Act notice for the specific
governmentwide system. Federal agencies that have published
governmentwide systems of records include the Equal Employment
Opportunity Commission, the General Services Administration, the
Department of Labor, the Office of Government Ethics, and the Office of
Personnel Management.
If the records are contained in a system of records of OFHEO, a
written request must be submitted to the OFHEO Privacy Act Officer. The
written request should describe the records sought and identify the
designated systems of records in which such records may be contained.
(A copy of the designated systems of records published by OFHEO in the
Federal Register is available upon request from the Privacy Act
Officer.) No individual will be required to state a reason or otherwise
justify a request for access to records about him/her.
Section 1720.4 Decision To Grant or Deny Requests for Access to
Individual Records
This section provides that access to records contained in an OFHEO
system of records will be granted unless the records were compiled in
reasonable anticipation of a civil action or proceeding or require
special procedures for medical records. It also describes the
procedures for notifying individuals of the decision to grant or deny
requests for access.
Although the Privacy Act does not prescribe a time period for
responding to requests for access, this section requires the Privacy
Act Officer to send a written acknowledgment of receipt within 20
business days of receipt of a request. It also requires the Privacy Act
Officer to inform the requesting individual, as soon as reasonably
possible, normally within 20 business days following receipt of the
request, whether the requested records exist and whether access is
granted or denied.
If access is granted, this section requires the Privacy Act Officer
to provide the individual with a reasonable period of time to inspect
the records at OFHEO during normal business hours or to mail a copy of
the records to the individual. If access is denied, this section
requires the Privacy Act Officer to inform the individual of the reason
for the denial and the right to appeal.
Section 1720.5 Special Procedures for Medical Records
With respect to medical records, this section requires the Privacy
Act Officer
[[Page 8842]]
to disclose such records directly to the requesting individual, unless,
in the judgment of OFHEO, such disclosure may have an adverse effect on
that individual. If medical records are not disclosed directly to the
individual, the medical records will be submitted to a licensed medical
doctor named by the individual.
Section 1720.6 Requirements for Verification of Identity
To protect the privacy of individuals, this section provides for
verification of identity. If an individual submits a written request in
person, he/she may be required to present two forms of identification,
such as an employment identification card, driver's license, passport,
or other document typically used for identification purposes. One of
the two forms of identification must contain the individual's
photograph and signature.
If an individual submits a written request, other than in person,
for access to or amendment of records, he/she may be required to
provide either one or both of the following: (1) Minimal identifying
information, such as full name, date and place of birth, or other
personal information; (2) at the election of the individual, either a
certification of a duly commissioned notary public of any State or
territory or the District of Columbia attesting to the requesting
individual's identity or an unsworn declaration subscribed to as true
under penalty of perjury under the laws of the United States of
America.
Section 1720.7 Requests for Amendment of Individual Records
This section explains how an individual may request amendment of
any record about him/her that the individual believes is not accurate,
relevant, timely, or complete. To request amendment, the individual
must submit a written request to the Privacy Act Officer. The request
should include the reason for requesting the amendment; a description
of the record, or portion thereof, including the name of the
appropriate designated system of record; and, if available, a copy of
the record on which the specific portion requested to be amended is
notated.
As with requests for access, this section provides that the Privacy
Act Officer may require the individual making the request for amendment
to provide identifying information.
Section 1720.8 Decision To Grant or Deny Requests for Amendment of
Individual Records
This section explains the procedures that must be followed by the
Privacy Act Officer in processing requests for amendment of individual
records. Within 10 business days following receipt of a request for
amendment of records, the Privacy Act Officer must send a written
acknowledgment of receipt to the requesting individual.
The Privacy Act does not require a specific time in which the
Privacy Act Officer must respond to the request for amendment. This
section requires that, as soon as reasonably possible, normally within
30 business days from the receipt of the request for amendment, the
Privacy Act Officer must inform the individual in writing of the
decision to grant or deny the request for amendment. If the request for
amendment is granted, the regulation provides that the amendment must
be made. If the request for amendment is denied, the written
notification must include the reason for the denial and an explanation
of the right to appeal.
Section 1720.9 Appeals of the Initial Decision To Deny Access to or
Amendment of Individual Records
The Privacy Act requires that agencies establish procedures by
which an individual may appeal an initial denial of access to or
amendment of records. This section provides that the individual must
submit a written appeal, within 30 business days following receipt of
notification of the denial, to the Privacy Act Appeals Officer. Both
the envelope and the appeal request should be marked ``Privacy Act
Appeal.'' The appeal should include the information specified for
requests for access or for requests for amendment, a copy of the
initial denial notice, and any other relevant information for
consideration by the Privacy Act Appeals Officer.
Section 1720.10 Decision To Grant or Deny Appeals
This section describes the notification process with respect to
appeals. It requires, within 30 business days following receipt of the
appeal, that the Privacy Act Appeals Officer send a written
notification of the decision to the appealing individual. The Privacy
Act Appeals Officer may extend the 30-day notification period for good
cause. If the time period is extended, the Privacy Act Appeals Officer
must provide written notice of the reason for the extension and the
expected date of the final decision.
If the Privacy Act Appeals Officer grants the appeal for access or
amendment, this section provides that, as appropriate, the individual
must be provided access to the records or the amendment must be made.
If the Privacy Act Appeals Officer denies the appeal for access or
amendment, this section provides that the written notification of the
decision must include the reason for the denial, the right to seek
judicial review of the final decision, and, if applicable, the right to
submit a statement of disagreement.
An individual may file a statement with the Privacy Act Appeals
Officer that sets forth the reason he/she disagrees with the decision
to deny the appeal for amendment. If filed, the statement of
disagreement must be attached to the record that is the subject of the
request for amendment. The Privacy Act Appeals Officer has the
discretion to prepare a statement in response to the statement of
disagreement that explains why the requested amendment was not made. If
prepared, the statement of explanation must be attached to the subject
record and a copy provided to the individual.
This section explains that, if the final decision on the appeal for
amendment of records is not made within 30 working days (unless the 30-
day notification period is extended), the individual may bring a civil
action against OFHEO in the appropriate district court of the United
States.
Section 1720.11 Disclosure of Individual Records to Other Persons or
Agencies
The Privacy Act provides for certain circumstances in which
individual records may be disclosed to a person or agency other than
the individual about whom the record pertains (third parties). These
circumstances are--
Upon written request and authorization by the individual;
With the prior written consent of the individual;
If required under the Freedom of Information Act;
For a routine use, with respect to a designated system of
records as described by OFHEO in its notice of systems of records
published in the Federal Register;
Pursuant to the order of a court of competent
jurisdiction;
To those officers and employees of OFHEO who have a need
for the record in the performance of their duties. For purposes of the
regulation, officers and employees of OFHEO include officers and
employees of other federal agencies with whom OFHEO has an interagency
agreement to provide services and contractors with whom OFHEO has a
contract for services;
To the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity
[[Page 8843]]
pursuant to the provisions of title 13 of the United States Code;
To a recipient who has provided OFHEO with advance,
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and that the record is to be
transferred in a form that is not individually identifiable;
To the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant its
continued preservation by the U.S. Government, or for evaluation by the
Archivist of the United States to determine whether the record has such
value;
To an agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to OFHEO specifying the particular portion of
the record desired and the law enforcement activity for which the
record is sought;
To a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if,
concurrently with such disclosure, notification is transmitted to the
last known address of the individual to whom the record pertains;
To either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress, or subcommittee of any such joint
committee;
To the Comptroller General, or any of his/her authorized
representatives, in the course of the performance of the duties of the
General Accounting Office; or
To a consumer reporting agency in accordance with 31
U.S.C. 3711(e). Section 3711(e) of title 31, United States Code,
provides, in connection with the collection and compromise of claims of
the U.S. Government, that certain information from a system of records
may be disclosed to a consumer reporting agency.
Section 1720.12 Accounting of Disclosures
The Privacy Act requires that agencies keep an accounting of
disclosures made to third parties. This section provides that OFHEO
keep an accurate accounting of the date, nature, and purpose of each
disclosure of a record and the name and address of each person to whom
a disclosure was made. There are two exceptions to the requirement for
accounting. The first exception is disclosure to those officers and
employees of OFHEO who have a need for the record in the performance of
their duties; the second exception is disclosure required under the
Freedom of Information Act.
This section further requires that OFHEO retain the accounting for
at least 5 years or the life of the record, whichever is longer, after
the disclosure for which the accounting is made.
Furthermore, this section explains that, when a record has been
amended or when a statement of disagreement has been filed, a copy of
the amended record and any statement of disagreement must be provided,
and any statement of explanation may be provided, to all prior and
subsequent recipients of the affected record whose identities can be
determined pursuant to the required disclosure of accountings.
Section 1720.13 Requests for Accounting of Disclosures
This section explains that any individual may request an accounting
of disclosures of records about him/her for which an accounting is
required to be maintained by submitting a written request to the
Privacy Act Officer. Before processing the request, the Privacy Act
Officer may require that the individual provide identifying
information.
The Privacy Act Officer must provide the accounting of disclosures
with one exception to the requesting individual. The Privacy Act
Officer is not required to provide an accounting of any disclosures
made to another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity.
Section 1720.14 Fees
Generally, it will be more convenient for OFHEO and the individual
to have access to the requested records by receiving a copy rather than
inspecting the records at OFHEO. Therefore, this section provides that
OFHEO will not charge a fee for providing a copy of the requested
record or any portion thereof.
Section 1720.15 Preservation of Records
This section requires that OFHEO preserve all correspondence
relating to the written requests it receives and all records processed
pursuant to such requests, in accordance with the records retention
provisions of General Records Schedule 14, Informational Services
Records. Furthermore, this section provides that OFHEO must not destroy
records that are subject to a pending request for access, amendment,
appeal, or lawsuit pursuant to the Privacy Act.
Section 1720.16 Rights of Parents and Legal Guardians
This section provides that a parent of any minor or the legal
guardian of any individual who has been declared to be incompetent due
to a physical or mental incapacity or age by a court of competent
jurisdiction may act on behalf of the individual.
Section 1720.17 Penalties
This section notes that the Privacy Act makes it a misdemeanor,
subject to a maximum fine of $5,000, to knowingly and willfully request
or obtain any record concerning an individual from OFHEO under false
pretenses.
Regulatory Impact
Executive Order 12612, Federalism
Executive Order 12612 requires that Executive departments and
agencies identify regulatory actions that have significant federalism
implications. A regulation has federalism implications if it has
substantial direct effects on the States, on the relationship or
distribution of power between the Federal Government and the States, or
on the distribution of power and responsibilities among various levels
of government. OFHEO has determined that this regulation has no
federalism implications that warrant the preparation of a Federalism
Assessment in accordance with Executive Order 12612.
Executive Order 12866, Regulatory Planning and Review
The regulation has been reviewed by the Office of Management and
Budget (OMB) pursuant to Executive Order 12866.
Executive Order 12988, Civil Justice Reform
Executive Order 12988 sets forth guidelines to promote the just and
efficient resolution of civil claims and to reduce the risk of
litigation to the Federal Government. The regulation meets the
applicable standards of sections 3(a) and 3(b) of Executive Order
12988.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that
a regulation that has a significant economic impact on a substantial
number of small entities, small businesses, or small organizations must
include an initial regulatory flexibility analysis describing the
regulation's impact on small entities. Such an
[[Page 8844]]
analysis need not be undertaken if the agency has certified that the
regulation will not have a significant economic impact on a substantial
number of small entities. 5 U.S.C. 605(b).
OFHEO has considered the impact of the regulation under the
Regulatory Flexibility Act. The regulation only affects individuals and
has no effect on small entities. Therefore, the General Counsel of
OFHEO has certified that the regulation will not have a significant
economic impact on a substantial number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35, requires
that regulations involving the collection of information receive
clearance from OMB. The regulation contains no such collection of
information requiring OMB approval under the Paperwork Reduction Act.
Consequently, no information has been submitted to OMB for review under
the Paperwork Reduction Act.
Unfunded Mandates Reform Act of 1995
The regulation does not require the preparation of an assessment
statement in accordance with the Unfunded Mandates Reform Act of 1995.
Assessment statements are not required for regulations that incorporate
requirements specifically set forth in law. As explained in the
preamble, the regulation implements the Privacy Act. In addition, the
regulation does not include a Federal mandate that may result in the
expenditure by State, local, and tribal governments, in the aggregate,
or by the private sector, of $100,000,000 or more (adjusted annually
for inflation) in any 1 year.
List of Subjects in 12 CFR Part 1720
Privacy.
For the reasons set forth in the preamble, OFHEO is amending on an
interim basis Chapter XVII of title 12 of the Code of Federal
Regulations by adding part 1720 to read as follows:
PART 1720--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
Sec.
1720.1 Scope.
1720.2 Definitions.
1720.3 Requests for access to individual records.
1720.4 Decision to grant or deny requests for access to individual
records.
1720.5 Special procedures for medical records.
1720.6 Requirements for verification of identity.
1720.7 Requests for amendment of individual records.
1720.8 Decision to grant or deny requests for amendment of
individual records.
1720.9 Appeals of the initial decision to deny access to or
amendment of individual records.
1720.10 Decision to grant or deny appeals.
1720.11 Disclosure of individual records to other persons or
agencies.
1720.12 Accounting of disclosures.
1720.13 Requests for accounting of disclosures.
1720.14 Fees.
1720.15 Preservation of records.
1720.16 Rights of parents and legal guardians.
1720.17 Penalties.
Authority: 5 U.S.C. 552a, 12 U.S.C. 4513(b).
Sec. 1720.1 Scope.
(a) This part 1720 sets forth the procedures by which an individual
may request access to records about him/her that are maintained by the
Office of Federal Housing Enterprise Oversight (OFHEO) in a designated
system of records, amendment of such records, or an accounting of
disclosures of such records. This part 1720 implements the provisions
of the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a).
(b) A request from an individual for a record about that individual
that is not contained in an OFHEO designated system of records will be
considered to be a Freedom of Information Act (FOIA) (5 U.S.C. 552)
request and will be processed under the FOIA.
Sec. 1720.2 Definitions.
For the purposes of this part 1720--
Amendment means any correction of, addition to, or deletion from a
record.
Designated system of records means a system of records that OFHEO
has listed and summarized in the Federal Register pursuant to the
requirements of 5 U.S.C. 552a(e).
Individual means a natural person who is either a citizen of the
United States of America or an alien lawfully admitted for permanent
residence.
Maintain includes collect, use, disseminate, or control.
Privacy Act Appeals Officer means the OFHEO employee who has been
delegated the authority to determine Privacy Act appeals.
Privacy Act Officer means the OFHEO employee who has been delegated
the authority to determine Privacy Act requests.
Record means any item, collection, or grouping of information about
an individual that is maintained by OFHEO and that contains his/her
name, or the identifying number, symbol, or other identifying
particular assigned to the individual.
Routine use, with respect to disclosure of a record, means the use
of such record for a purpose that is compatible with the purpose for
which it was created.
Statistical Record means a record in a system of records maintained
only for statistical research or reporting purposes and not used, in
whole or in part, in making any determination about an identifiable
individual, except as provided by 13 U.S.C. 8.
System of records means a group of records under the control of
OFHEO from which information is retrieved by the name of the individual
or some identifying number, symbol, or other identifying particular
assigned to the individual.
Sec. 1720.3 Requests for access to individual records.
(a) Any individual may request records about him/her that are
maintained by OFHEO.
(b) The procedures for submitting requests are as follows:
(1) If the records are contained in a governmentwide system of
records of the U.S. Office of Personnel Management (OPM), the request
must be submitted as prescribed by the regulations of OPM (5 CFR part
297).
(2) If the records are contained in a record in a system of records
of another Federal agency, the request must be submitted as prescribed
in the Federal Register Privacy Act notice for the specific
governmentwide system.
(3) If the records are contained in a system of records of OFHEO,
the request must be submitted in writing to the Privacy Act Officer,
Office of Federal Housing Enterprise Oversight, 1700 G Street, NW.,
Fourth Floor, Washington, DC 20552. The written request should describe
the records sought and identify the designated systems of records in
which such records may be contained. (A copy of the designated systems
of records published by OFHEO in the Federal Register is available upon
request from the Privacy Act Officer.) No individual shall be required
to state a reason or otherwise justify a request for access to records
about him/her.
Sec. 1720.4 Decision to grant or deny requests for access to
individual records.
(a) Basis for the decision. The Privacy Act Officer shall grant
access to records upon receipt of a request submitted under
Sec. 1720.3(b)(3), unless the records--
(1) Were compiled in reasonable anticipation of a civil action or
proceeding; or
(2) Require special procedures for medical records provided for in
Sec. 1720.5.
(b) Notification procedures. (1) Within 20 business days of receipt
of a request
[[Page 8845]]
submitted under Sec. 1720.3(b)(3), the Privacy Act Officer shall send a
written acknowledgment of receipt to the requesting individual.
(2) As soon as reasonably possible, normally within 20 business
days following receipt of the request, the Privacy Act Officer shall
send a written notification that informs the individual whether the
requested records exist and, if the requested records exist, whether
access is granted or denied, in whole or in part.
(c) Access procedures. If access is granted, in whole or in part,
the Privacy Act Officer shall provide the individual with a reasonable
period of time to inspect the records at OFHEO during normal business
hours or shall mail a copy of the requested records to the individual.
(d) Denial procedures. If access is denied, in whole or in part,
the Privacy Act Officer shall inform the individual of the reasons for
the denial and of the right to appeal the denial, as set forth in
Sec. 1720.9.
Sec. 1720.5 Special procedures for medical records.
The Privacy Act Officer shall grant access to medical records to
the requesting individual to whom the medical records pertain. However,
if, in the judgment of OFHEO, such direct access may have an adverse
effect on that individual, the Privacy Act Officer shall transmit the
medical records to a licensed medical doctor named by the individual.
Sec. 1720.6 Requirements for verification of identity.
(a) Written requests submitted in person. Any individual who
submits in person a written request under this part, may be required to
present two forms of identification, such as an employment
identification card, driver's license, passport, or other document
typically used for identification purposes. One of the two forms of
identification must contain the individual's photograph and signature.
(b) Other written requests. Any individual who submits, other than
in person, a written request under this part may be required to provide
either one or both of the following:
(1) Minimal identifying information, such as full name, date and
place of birth, or other personal information.
(2) At the election of the individual, either a certification of a
duly commissioned notary public of any State or territory or the
District of Columbia attesting to the requesting individual's identity
or an unsworn declaration subscribed to as true under penalty of
perjury under the laws of the United States of America.
Sec. 1720.7 Requests for amendment of individual records.
(a) Procedures for requesting amendment of a record. Any individual
may request amendment of any record about him/her that the individual
believes is not accurate, relevant, timely, or complete. To request
amendment, the individual must submit a written request to the Privacy
Act Officer, Office of Federal Housing Enterprise Oversight, 1700 G
Street, NW., Fourth Floor, Washington, DC 20552. The request should
include--
(1) The reason for requesting the amendment;
(2) A description of the record, or portion thereof, including the
name of the appropriate designated system of records, sufficient to
enable the Privacy Act Officer to identify the particular record or
portion thereof; and
(3) If available, a copy of the record, or portion thereof, on
which the specific portion requested to be amended is notated.
(b) Requirement for identifying information. The Privacy Act
Officer may require the individual making the request for amendment to
provide the identifying information specified in Sec. 1720.6.
Sec. 1720.8 Decision to grant or deny requests for amendment of
individual records.
(a) Notification procedures. Within 10 business days following
receipt of a request for amendment of records, the Privacy Act Officer
shall send a written acknowledgment of receipt to the requesting
individual. As soon as reasonably possible, normally within 30 business
days from the receipt of the request for amendment, the Privacy Act
Officer shall send a written notification to the individual that
informs him/her of the decision to grant or deny, in whole or in part,
the request for amendment.
(b) Amendment procedures. If the request is granted, in whole or in
part, the requested amendment shall be made to the subject record. A
copy of the amended record shall be provided to all prior recipients of
the subject record in accordance with Sec. 1720.12(b).
(c) Denial procedures. If the request is denied, in whole or in
part, the Privacy Act Officer shall include in the written notification
the reasons for the denial and an explanation of the right to appeal
the denial, as set forth in Sec. 1720.9.
Sec. 1720.9 Appeals of the initial decision to deny access to or
amendment of individual records.
Any individual may appeal the initial denial, in whole or in part,
of a request for access to or amendment of his/her record. To appeal,
the individual must submit a written appeal, within 30 business days
following receipt of written notification of denial, to the Privacy Act
Appeals Officer, Office of Federal Housing Enterprise Oversight, 1700 G
Street, NW., Fourth Floor, Washington, DC 20552. Both the envelope and
the appeal request should be marked ``Privacy Act Appeal.'' The appeal
should include--
(a) The information specified for requests for access in
Sec. 1720.3(b)(3) or for requests for amendment in Sec. 1720.7, as
appropriate;
(b) A copy of the initial denial notice; and
(c) Any other relevant information for consideration by the Privacy
Act Appeals Officer.
Sec. 1720.10 Decision to grant or deny appeals.
(a) Notification of decision. Within 30 business days following
receipt of the appeal, the Privacy Act Appeals Officer shall send a
written notification of the decision to grant or deny to the individual
making the appeal. The Privacy Act Appeals Officer may extend the 30-
day notification period for good cause. If the time period is extended,
the Privacy Act Appeals Officer shall inform in writing the individual
making the appeal of the reason for the extension and the expected date
of the final decision.
(b) Appeal granted. If the appeal for access is granted, in whole
or in part, the Privacy Act Appeals Officer shall provide the
individual with reasonable time to inspect the requested records at
OFHEO during normal business hours or mail a copy of the requested
records to the individual. If the appeal for amendment is granted, in
whole or in part, the requested amendment shall be made. A copy of the
amended record shall be provided to all prior recipients of the subject
record in accordance with Sec. 1720.12(b).
(c) Appeal denied. If the Privacy Act Appeals Officer denies, in
whole or in part, the appeal for access or amendment, he/she shall
include in the written notification of the reasons for the denial an
explanation of the right to seek judicial review of the final decision,
and, with respect to an appeal for amendment, the right to submit a
statement of disagreement under paragraph (d) of this section.
[[Page 8846]]
(d) Statements of disagreement and explanation. (1) Upon receipt of
a decision to deny, in whole or in part, the appeal for amendment of
records, the individual may file a statement with the Privacy Act
Appeals Officer that sets forth his/her reasons for disagreeing with
the decision. The Privacy Act Appeals Officer shall attach the
statement of disagreement to the record that is the subject of the
request for amendment. In response to the statement of disagreement,
the Privacy Act Appeals Officer has the discretion to prepare a
statement that explains why the requested amendment was not made. If
prepared, the statement of explanation shall be attached to the subject
record and a copy of the statement provided to the individual who filed
the statement of disagreement.
(2) The Privacy Act Appeals Officer shall provide a copy of any
statement of disagreement, and may provide any statement of
explanation, to prior recipients of the subject record in accordance
with Sec. 1720.12(b).
(e) Right to judicial review. If OFHEO does not comply with the
notification procedures under paragraph (a) of this Sec. 1720.10 with
respect to an appeal for amendment of records, the appealing individual
may bring a civil action against OFHEO in the appropriate district
court of the United States, as provided for under 5 U.S.C.
552a(g)(1)(A) and 552a(g)(5) before receiving the written notification
of the decision.
Sec. 1720.11 Disclosure of individual records to other persons or
agencies.
(a) OFHEO may disclose a record to a person or agency other than
the individual about whom the record pertains only under one or more of
the following circumstances:
(1) If requested and authorized in writing by the individual.
(2) With the prior written consent of the individual.
(3) If such disclosure is required under the Freedom of Information
Act.
(4) For a routine use, as defined in Sec. 1720.2, with respect to a
designated system of records as described by OFHEO in its notice of
systems of records published in the Federal Register.
(5) Pursuant to the order of a court of competent jurisdiction.
(6) To the following persons or agencies--
(i) Officers and employees of OFHEO who have a need for the record
in the performance of their duties;
(ii) The Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions
of title 13 of the United States Code;
(iii) A recipient who has provided OFHEO with advance, adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a
form that is not individually identifiable;
(iv) The National Archives and Records Administration as a record
which has sufficient historical or other value to warrant its continued
preservation by the U.S. Government, or for evaluation by the Archivist
of the United States to determine whether the record has such value;
(v) An agency or an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to OFHEO specifying the particular portion of
the record desired and the law enforcement activity for which the
record is sought;
(vi) A person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if, concurrently with
such disclosure, notification is transmitted to the last known address
of the individual to whom the record pertains;
(vii) Either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress, or subcommittee of any such joint committee;
(viii) The Comptroller General, or any of his/her authorized
representatives, in the course of the performance of the duties of the
General Accounting Office; or
(ix) A consumer reporting agency in accordance with 31 U.S.C.
3711(e).
(b) Before a record is disclosed to other persons or agencies under
paragraph (a)(1) or (2) of this section, the identifying information
specified in Sec. 1720.6 may be required.
Sec. 1720.12 Accounting of disclosures.
(a) OFHEO shall keep an accurate accounting of the date, nature,
and purpose of each disclosure of a record, and the name and address of
each person or agency to whom a disclosure was made under Sec. 1720.11,
except for disclosures made under Sec. 1720.11(a)(3) or (a)(6)(i).
OFHEO shall retain such accounting for at least 5 years or the life of
the record, whichever is longer, after the disclosure for which the
accounting was made.
(b) When a record has been amended, in whole or in part, or when a
statement of disagreement has been filed, a copy of the amended record
and any statement of disagreement must be provided, and any statement
of explanation may be provided, to all prior and subsequent recipients
of the affected record whose identities can be determined pursuant to
the disclosure accountings required under paragraph (a) of this
section.
Sec. 1720.13 Requests for accounting of disclosures.
(a) Any individual may request an accounting of disclosures of
records about him/her for which an accounting is required to be
maintained under Sec. 1720.12(a) by submitting a written request to the
Privacy Act Officer, Office of Federal Housing Enterprise Oversight,
1700 G Street, NW., Fourth Floor, Washington, DC 20552. Before
processing the request, the Privacy Act Officer may require that the
individual provide the identifying information specified under
Sec. 1720.6.
(b) The Privacy Act Officer shall make available the accounting of
disclosures required to be maintained under Sec. 1720.12, except for an
accounting made under Sec. 1720.11(a)(6)(v).
Sec. 1720.14 Fees.
OFHEO shall not charge any fees for providing a copy of any
records, pursuant to a request for access under this part.
Sec. 1720.15 Preservation of records.
OFHEO shall preserve all correspondence relating to the written
requests it receives and all records processed pursuant to such
requests under this part, in accordance with the records retention
provisions of General Records Schedule 14, Informational Services
Records. OFHEO shall not destroy records that are subject to a pending
request for access, amendment, appeal, or lawsuit pursuant to the
Privacy Act.
Sec. 1720.16 Rights of parents and legal guardians.
For purposes of this part, a parent of any minor or the legal
guardian of any individual who has been declared to be incompetent due
to physical or mental incapacity or age by a court of competent
jurisdiction may act on behalf of the individual.
Sec. 1720.17 Penalties.
The Privacy Act (5 U.S.C. 552a(i)(3)) makes it a misdemeanor,
subject to a maximum fine of $5,000, to knowingly and willfully request
or obtain any record concerning an individual from OFHEO under false
pretenses.
[[Page 8847]]
Dated: February 12, 1998.
Mark A. Kinsey,
Acting Director.
[FR Doc. 98-4452 Filed 2-20-98; 8:45 am]
BILLING CODE 4220-01-P
