Privacy Act Regulations, 86563-86567 [2016-28897]
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Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Rules and Regulations
Chelan (Does not include the North Cascades National Park portion)
Douglas
Ferry
Garfield
Grant
Kittitas (Does not include the Yakima
Firing Range portion)
Lincoln
Okanogan
Pend Oreille
Stevens
Whitman
Pendleton
Ohio:
Adams
Brown
Butler
Highland
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Dayton
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Ohio:
Champaign
Clark
Greene
Miami
Montgomery
Preble
Area of Application. Survey area plus:
Indiana:
Randolph
Wayne
Ohio:
Auglaize
Clinton
Darke
Logan
Shelby
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BILLING CODE 6325–39–P
COUNCIL OF THE INSPECTORS
GENERAL ON INTEGRITY AND
EFFICIENCY
RIN 3219–AA00
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Act of 1978, as amended, 5 U.S.C. app.’’
This is a technical modification and
does not reflect a substantive change.
There were no other modifications made
to the proposed rule. For the reasons set
forth herein and in the preamble to the
proposed rule, CIGIE is publishing this
final rule.
Executive Orders 12866 and 13563
In promulgating this rule, CIGIE has
adhered to the regulatory philosophy
and the applicable principles of
regulation set forth in section 1 of
Executive Order 12866, Regulatory
Planning and Review. The Office of
Management and Budget (OMB) has
determined that this rule is not
‘‘significant’’ under Executive Order
12866.
Regulatory Flexibility Act
5 CFR Part 9801
Privacy Act Regulations
Council of the Inspectors
General on Integrity and Efficiency.
ACTION: Final rule.
AGENCY:
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Southeastern Washington-Eastern Oregon
Survey Area
Oregon:
Umatilla
Washington:
Benton
Franklin
Walla Walla
Yakima
Area of Application. Survey area plus:
Oregon:
Baker
Grant
Harney
Malheur
Morrow
Union
Wallowa
Wheeler
Washington:
Columbia
Kittitas (Only includes the Yakima Firing
Range portion)
Spokane
Survey Area
Washington:
Spokane
Area of Application. Survey area plus:
Idaho:
Benewah
Bonner
Boundary
Clearwater
Idaho
Kootenai
Latah
Lewis
Nez Perce
Shoshone
Washington:
Adams
Asotin
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[FR Doc. 2016–28784 Filed 11–30–16; 8:45 am]
86563
These regulations will not have a
significant economic impact on a
substantial number of small entities.
Therefore, a regulatory flexibility
analysis as provided by the Regulatory
Flexibility Act, as amended, is not
required.
The Council of the Inspectors
General on Integrity and Efficiency
(CIGIE) is issuing this final rule to
establish its procedures relating to
access, maintenance, disclosure, and
amendment of records that are in a
CIGIE system of records under the
Privacy Act of 1974 (Privacy Act). This
final rule also establishes rules of
conduct for CIGIE personnel who have
responsibilities under the Privacy Act.
DATES: This final rule is effective
January 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Atticus J. Reaser, General Counsel,
CIGIE, (202) 292–2600.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
Background Information
Information, Privacy, Privacy Act,
Records.
For the reasons set forth in the
preamble, CIGIE adds part 9801 to title
5 of the Code of Federal Regulations as
follows:
SUMMARY:
CIGIE published a proposed rule in
the Federal Register, 81 FR 61628,
September 7, 2016, to provide the
procedures and guidelines under which
CIGIE will implement the Privacy Act.
The proposed rule provided a 60-day
comment period, which ended on
November 7, 2016. CIGIE received one
timely and responsive comment, which
was submitted by an individual. The
comment supported the regulation and
reflected no suggested changes.
CIGIE is making one technical citation
format change. The citation to ‘‘the
Inspector General Act of 1978, Public
Law 95–452, 92 Stat. 1101 (codified as
amended at 5 U.S.C. app)’’ reflected in
the proposed rule is being changed in
this final rule to ‘‘the Inspector General
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These regulations impose no
additional reporting and recordkeeping
requirements. Therefore, clearance by
OMB is not required.
Federalism (Executive Order 13132)
This rule does not have Federalism
implications, as set forth in Executive
Order 13132. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 5 CFR Part 9801
PART 9801—PRIVACY ACT
REGULATIONS
Subpart A—General Provisions
Sec.
9801.101 Purpose and scope.
9801.102 CIGIE organization.
9801.103 Definitions.
9801.104 Rules for determining if an
individual is the subject of a record.
9801.105 Employee standards of conduct.
9801.106 Use and collection of social
security numbers.
9801.107 Other rights and services.
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Subpart B—Access to Records and
Accounting of Disclosures
Sec.
9801.201 Requests for access.
9801.202 Response to requests.
9801.203 Granting access.
9801.204 Special procedures: Medical
records.
9801.205 Appeals from denials of requests
for access to records.
9801.206 Response to appeal of a denial of
access.
9801.207 Fees.
9801.208 Requests for accounting of record
disclosures.
Subpart C—Amendment of Records
Sec.
9801.301 Requests for amendment of
record.
9801.302 Response to requests.
9801.303 Appeal from adverse
determination on amendment.
9801.304 Response to appeal of adverse
determination on amendment;
disagreement statements.
9801.305 Assistance in preparing request to
amend a record or to appeal an initial
adverse determination.
Authority: Section 11 of the Inspector
General Act of 1978, as amended, 5 U.S.C.
app.; 5 U.S.C. 301, 552a; 31 U.S.C. 9701.
Subpart A—General Provisions
§ 9801.101
Purpose and scope.
This part contains the regulations of
the Council of the Inspectors General on
Integrity and Efficiency (CIGIE)
implementing the Privacy Act of 1974,
5 U.S.C. 552a. This part sets forth the
basic responsibilities of CIGIE with
regard to CIGIE’s compliance with the
requirements of the Privacy Act and
offers guidance to members of the
public who wish to exercise any of the
rights established by the Privacy Act
with regard to records maintained by
CIGIE. These regulations should be read
in conjunction with the Privacy Act,
which explains in more detail
individuals’ rights.
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§ 9801.102
CIGIE organization.
(a) Centralized program. Except as
stated in paragraph (b) of this section,
CIGIE has a centralized Privacy Act
program, with one office receiving and
coordinating the processing of all
Privacy Act requests to CIGIE.
(b) Integrity Committee records. The
Integrity Committee of CIGIE (IC) is the
single exception to CIGIE’s centralized
Privacy Act program. By statute, all
records received or created by the IC in
fulfilling its responsibilities are
collected and maintained separately as
IC records by the official of the Federal
Bureau of Investigation (FBI) serving on
the IC. Currently, all such records are
maintained by the FBI in the FBI’s
Central Records System and are subject
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to the system of records notices and the
Privacy Act policies and regulations
applicable to that system. See 28 CFR
part 16, subpart D. Accordingly, except
as stated in paragraph (c) of this section,
because IC records are not maintained
by CIGIE, this part does not apply to
requests or appeals regarding IC records.
(c) Acceptance of requests and
appeals. CIGIE will accept initial
requests or appeals regarding CIGIE
records and regarding IC records
maintained by the FBI on behalf of the
FBI. Requests and appeals regarding IC
records will be referred to the FBI for
processing and direct response to the
requester by the FBI.
§ 9801.103
Definitions.
(a) For purposes of this part the terms
individual, maintain, record, routine
use, and system of records, shall have
the meanings set forth in 5 U.S.C.
552a(a).
(b) CIGIE means the Council of the
Inspectors General on Integrity and
Efficiency and includes its predecessor
entities, the Executive Council on
Integrity and Efficiency and the
President’s Council on Integrity and
Efficiency.
(c) Days, unless stated as ‘‘calendar
days,’’ are working days and do not
include Saturdays, Sundays, or Federal
holidays.
(d) IC means the CIGIE Integrity
Committee established under section
11(d) of the Inspector General Act of
1978, as amended, 5 U.S.C. app.
(Inspector General Act).
(e) Request for access to a record
means a request made under Privacy
Act subsection (d)(1).
(f) Request for amendment of a record
means a request made under Privacy
Act subsection (d)(2).
(g) Request for an accounting means
a request made under Privacy Act
subsection (c)(3).
(h) Requester means an individual
who makes a request for access, a
request for amendment, or a request for
an accounting under the Privacy Act.
§ 9801.104 Rules for determining if an
individual is the subject of a record.
An individual seeking to determine if
a specific CIGIE system of records
contains a record pertaining to the
individual must follow the procedures
set forth for access to records in
§ 9801.201(a), (b)(1) and (2), (c), and (d).
A request to determine if an individual
is the subject of a record will ordinarily
be responded to within 10 days, except
when CIGIE determines otherwise, in
which case the request will be
acknowledged within 10 days and the
individual will be informed of the
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reasons for the delay and an estimated
date by which a response will be issued.
§ 9801.105
conduct.
Employee standards of
CIGIE will inform its employees
involved in the design, development,
operation, or maintenance of any system
of records, or in maintaining any record,
of the provisions of the Privacy Act,
including the Act’s civil liability and
criminal penalty provisions. Unless
otherwise permitted by law, an
employee of CIGIE shall:
(a) Collect from individuals only the
information that is relevant and
necessary to discharge the
responsibilities of CIGIE;
(b) Collect information about an
individual directly from that individual
whenever practicable when the
information may result in adverse
determinations about an individual’s
rights, benefits, and privileges under
Federal programs;
(c) Inform each individual from whom
information is collected of:
(1) The legal authority to collect the
information and whether providing it is
mandatory or voluntary;
(2) The principal purpose for which
CIGIE intends to use the information;
(3) The routine uses CIGIE may make
of the information; and
(4) The effects on the individual, if
any, of not providing the information;
(d) Maintain no system of record
without public notice and notify
appropriate CIGIE officials of the
existence or development of any system
of records that is not the subject of a
current or planned public notice;
(e) Maintain all records that are used
by CIGIE in making any determination
about an individual with such accuracy,
relevance, timeliness, and completeness
as is reasonably necessary to ensure
fairness to the individual in the
determination;
(f) Except as to disclosures made to an
agency or made under the Freedom of
Information Act, 5 U.S.C. 552 (FOIA),
make reasonable efforts, prior to
disseminating any record about an
individual, to ensure that the record is
accurate, relevant, timely, and complete;
(g) Maintain no record describing how
an individual exercises his or her First
Amendment rights, unless it is
expressly authorized by statute or by the
individual about whom the record is
maintained, or is pertinent to and
within the scope of an authorized law
enforcement activity;
(h) When required by the Privacy Act,
maintain an accounting in the specified
form of all disclosures of records by
CIGIE to persons, organizations, or
agencies;
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(i) Maintain and use records with care
to prevent the unauthorized or
inadvertent disclosure of a record to
anyone. No record contained in a CIGIE
system of record shall be disclosed to
another person, or to another agency
outside CIGIE, except pursuant to a
written request by, or with the prior
written consent of, the individual to
whom the record pertains, unless the
disclosure is otherwise authorized by
the Privacy Act; and
(j) Notify the appropriate CIGIE
official of any record that contains
information that the Privacy Act does
not permit CIGIE to maintain.
§ 9801.106 Use and collection of social
security numbers.
(a) No denial of right, benefit, or
privilege. Individuals may not be denied
any right, benefit, or privilege as a result
of refusing to provide their social
security numbers, unless the collection
is required by Federal statute; and
(b) Notification to individual.
Individuals requested to provide their
social security numbers must be
informed of:
(1) Whether providing social security
numbers is mandatory or voluntary;
(2) The statutory or regulatory
authority that authorizes the collection
of social security numbers; and
(3) The uses that will be made of the
numbers.
§ 9801.107
Other rights and services.
Nothing in this part shall be
construed to entitle any person, as of
right, to any service or to the disclosure
of any record to which such person is
not entitled under the Privacy Act.
Subpart B—Access to Records and
Accounting of Disclosures
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§ 9801.201
Requests for access.
(a) How addressed. A requester
seeking access to records pertaining to
the requester in a CIGIE system of
records should submit a written request
that includes the words ‘‘Privacy Act
Request’’ on both the envelope and at
the top of the request letter to the
Executive Director, Council of the
Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite
825, Washington, DC 20006.
(b) Description of records sought. (1)
A request should contain a specific
reference to the CIGIE system of records
from which access to the records is
sought. Notices of CIGIE systems of
records subject to the Privacy Act are
published in the Federal Register, and
copies of the notices are available on
CIGIE’s Web site at www.ignet.gov, or
upon request from CIGIE’s Office of
General Counsel.
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(2) If the written inquiry does not
refer to a specific system of records, it
must describe the records that are
sought in enough detail to enable CIGIE
personnel to locate the system of
records containing them with a
reasonable amount of effort.
(3) The request should state whether
the requester wants a copy of the record
or wants to examine the record in
person.
(c) Verification of identity. A
requester seeking access to records
pertaining to the requester must verify
their identity in their request. The
request must state the requester’s full
name, current address, and date and
place of birth. The requester must sign
the request and the signature must
either be notarized or state, ‘‘Under
penalty of perjury, I hereby declare that
I am the person named above and I
understand that any falsification of this
statement is punishable under the
provisions of Title 18, United States
Code (U.S.C.), Section 1001 by a fine of
not more than $10,000 or by
imprisonment of not more than five
years, or both; and that requesting or
obtaining any record(s) under false
pretenses is punishable under the
provisions of Title 5, U.S.C., Section
552a(i)(3) as a misdemeanor and by a
fine of not more than $5,000.’’ In order
to help the identification and location of
requested records, the requester may
optionally include their social security
number. No identification shall be
required if the records are required by
5 U.S.C. 552 to be released.
(d) Verification of guardianship.
When making a request as the parent or
guardian of a minor or as the guardian
of someone determined by a court to be
incompetent for access to records about
that individual, the requester 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 the requester’s
option, the social security number of the
individual;
(2) The requester’s identity, as
required in paragraph (c) of this section;
(3) That the requester is the parent or
guardian of that individual, which may
be established by providing a copy of
the individual’s birth certificate
showing the requester’s parentage or by
providing a court order establishing the
requester’s guardianship; and
(4) That the requester is acting on
behalf of that individual in making the
request.
§ 9801.202
Response to requests.
A request for access will ordinarily be
responded to within 10 days, except
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when CIGIE determines otherwise, in
which case the request will be
acknowledged within 10 days and the
requester will be informed of the
reasons for the delay and an estimated
date by which a response will be issued.
A response to a request for access
should include the following:
(a) A statement that there is a record
or records as requested or a statement
that there is not a record in the system
of records;
(b) The method of access (if a copy of
all the records requested is not provided
with the response);
(c) The amount of any fees to be
charged for copies of records under
§ 9801.207, if applicable;
(d) The name and title of the official
responsible for the response; and
(e) If the request is denied in whole
or in part, or no record is found in the
system, a statement of the reasons for
the denial, or a statement that no record
has been found, and notice of the
procedures for appealing the denial or
no record finding.
§ 9801.203
Granting access.
(a) Means of access. (1) The methods
for allowing access to records, when
such access has been granted by CIGIE,
are:
(i) Examination in person in a
designated office during the hours
specified by CIGIE; or
(ii) Providing copies of the records.
(2) When a requester has not
indicated whether he wants a copy of
the record or wants to examine the
record in person, CIGIE may choose the
means of granting access. However, the
means chosen should not unduly
impede the requester’s right of access. A
requester may elect to receive a copy of
the records after having examined them.
(b) Accompanying individual. If the
requester is granted in person access to
examine the records, the requester may
be accompanied by another individual
of the requester’s choice during the
course of the examination of the
records. CIGIE may require the requester
to submit a signed statement authorizing
the accompanying individual’s access to
the records.
(c) Certified copies. CIGIE will not
furnish certified copies of records.
When copies are to be furnished, they
may be provided as determined by
CIGIE.
(d) Original records. When the
requester seeks to obtain original
documentation, CIGIE reserves the right
to limit the request to copies of the
original records.
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§ 9801.204
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Special procedures: Medical
In the event CIGIE receives a request
pursuant to § 9801.201 for access to
medical records (including
psychological records) whose disclosure
CIGIE determines would be harmful to
the individual to whom they relate, it
may refuse to disclose the records
directly to the requester but shall
transmit them to a physician designated
by the requester.
§ 9801.205 Appeals from denials of
requests for access to records.
(a) How addressed. A requester may
submit a written appeal of the decision
by CIGIE to deny an initial request for
access to records or a no record
response to the Chairperson, Council of
the Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite
825, Washington, DC 20006. The words
‘‘Privacy Act Appeal’’ should be
included on the envelope and at the top
of the letter of appeal.
(b) Deadline and content. The appeal
must be received by CIGIE within 60
days of the date of the letter denying the
access request or reflecting the no
record finding and should contain a
brief description of the records involved
or copies of the relevant correspondence
from CIGIE. The appeal should attempt
to refute the reasons given by CIGIE in
support of its decision to deny the
initial request for access or no record
finding.
§ 9801.206
of access.
Response to appeal of a denial
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(a) Access granted. If the Chairperson
or the Chairperson’s designee
determines that access to the records
should be granted, the response will
state how access will be provided if the
records are not included with the
response.
(b) Denial affirmed. Any decision that
either partially or fully affirms the
initial decision to deny access or no
record finding shall inform the requester
of the right to seek judicial review of the
decision in accordance with the Privacy
Act (5 U.S.C. 552a(g)).
(c) When appeal is required. If a
requester wishes to seek review by a
court of any adverse determination or
denial of a request, the requester must
first appeal it under § 9801.205.
§ 9801.207
Fees.
(a) No fees for most services. Services
for which fees will not be charged:
(1) The search and review time
expended by CIGIE to produce a record;
(2) The first copy of the records
provided; and
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(3) CIGIE making the records available
to be personally reviewed by the
requester.
(b) Fees for additional copies. When
a requester requests additional copies of
records, CIGIE will assess the requester
a fee of $.20 per page. CIGIE will bill
requester in arrears for such fees, except
as follows:
(1) If the total fee for additional copies
amounts to more than $25.00, the
requester will be notified of the fee
amount. Except as specified in
paragraph (b)(2) of this section, upon
requester’s written agreement to pay the
assessed fees, CIGIE will provide the
additional copies without prepayment
of such fees (i.e., payment will be
accepted in arrears).
(2) An advance payment before
additional copies of the records are
made will be required if:
(i) CIGIE determines that the total fee
to be assessed under this section
exceeds $250.00. When such a
determination is made, the requester
will be notified of the determination
and will be required to submit an
advance payment of an amount up to
the total fee. The amount of the
advanced payment will be at the sole
discretion of CIGIE and will be based, in
part, on whether requester has a history
of prompt payment of Privacy Act fees.
If the required advanced payment is an
amount less than the total fee, requester
will be required to submit a written
agreement to pay any fees not paid in
advance; or
(ii) The requester has previously
failed to pay a previously assessed
Privacy Act fee in a timely fashion (i.e.,
within 30 days of the date of the
billing). In such cases, the requester will
be required to pay the full amount
outstanding plus any applicable interest
as provided by paragraph (c) of this
section and to make an advance
payment of the full amount of the
determined fee before CIGIE begins to
process a new request for additional
copies.
(c) Interest charges. For additional
copies provided to requester that result
in fees assessed, CIGIE will begin
levying interest charges on an unpaid
balance starting on the 31st day
following the day on which the billing
was sent. Interest will be assessed at the
rate prescribed under 31 U.S.C. 3717
and will accrue from the date of the
billing.
(d) Payment address. Payment of fees
should be made by either a personal
check, bank draft or a money order that
is payable to the Department of the
Treasury of the United States and
mailed or delivered to: Privacy Officer,
Council of the Inspectors General on
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Integrity and Efficiency, 1717 H Street
NW., Suite 825, Washington, DC 20006.
§ 9801.208 Requests for accounting of
record disclosures.
(a) How made and addressed. Except
where accountings of disclosures are not
required to be kept (as stated in
paragraph (b) of this section), a
requester may request an accounting of
any disclosure that has been made by
CIGIE to another person, organization,
or agency of any record about the
requester. This accounting contains the
date, nature, and purpose of each
disclosure, as well as the name and
address of the person, organization, or
agency to which the disclosure was
made. A requester seeking an
accounting of record disclosures must
follow the procedures set forth for
access to records in § 9801.201(a), (b)(1)
and (2), (c), and (d).
(b) Where accountings are not
required. CIGIE is not required to
provide accountings to requesters where
they relate to:
(1) Disclosures for which accountings
are not required to be kept, including
disclosures that are made to officers and
employees of CIGIE and disclosures that
are made under the FOIA. For purposes
of this part, officers and employees of
CIGIE includes, in part, CIGIE’s
membership, as addressed in section 11
of the Inspector General Act, when such
members are acting in their capacity as
CIGIE members;
(2) Disclosures made to law
enforcement agencies for authorized law
enforcement activities in response to
written requests from those law
enforcement agencies specifying the law
enforcement activities for which the
disclosures are sought; or
(3) Disclosures made from law
enforcement systems of records that
have been exempted from accounting
requirements.
Subpart C—Amendment of Records
§ 9801.301
record.
Requests for amendment of
(a) How addressed. A requester
seeking to amend a record or records
pertaining to requester in a CIGIE
system of records should submit a
written request that includes the words
‘‘Privacy Act Amendment Request’’ on
both the envelope and at the top of the
request letter to the Executive Director,
Council of the Inspectors General on
Integrity and Efficiency, 1717 H Street
NW., Suite 825, Washington, DC 20006.
Records not subject to the Privacy Act
will not be amended in accordance with
these provisions.
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(b) Contents of request. A request to
amend a record in a CIGIE system of
records must include:
(1) The name of the system of records
and a brief description of the record
proposed for amendment. In the event
the request to amend the record is the
result of the requester having gained
access to the record in accordance with
the provisions concerning access to
records as set forth in subpart B of this
part, copies of previous correspondence
between the requester and CIGIE will
serve in lieu of a separate description of
the record.
(2) The exact portion of the record the
requester seeks to have amended should
be indicated clearly. If possible,
proposed alternative language should be
set forth, or, at a minimum, the reasons
why the requester believes the record is
not accurate, relevant, timely, or
complete should be set forth with
enough particularity to permit CIGIE to
not only to understand the requester’s
basis for the request, but also to make
an appropriate amendment to the
record.
(c) Burden of proof. The requester has
the burden of proof when seeking the
amendment of a record. The requester
must furnish sufficient facts to persuade
the appropriate system manager of the
inaccuracy, irrelevance, untimeliness, or
incompleteness of the record.
(d) Identification requirement. When
the requester’s identity has been
previously verified pursuant to
§ 9801.201, further verification of
identity is not required as long as the
communication does not suggest a need
for verification. If the requester’s
identity has not been previously
verified, the appropriate system
manager may require identification
validation as described in § 9801.201.
jstallworth on DSK7TPTVN1PROD with RULES
§ 9801.302
Response to requests.
(a) Time limit for acknowledging a
request for amendment. To the extent
possible, CIGIE will acknowledge
receipt of a request to amend a record
or records within 10 working days.
(b) Determination on an amendment
request. The decision of CIGIE in
response to a request for amendment of
a record in a system of records may
grant in whole or deny any part of the
request to amend the record.
(1) If CIGIE grants the request, the
appropriate system manager will amend
the record(s) and provide a copy of the
amended record(s) to the requester. To
the extent an accounting of disclosure
has been maintained, the system
manager shall advise all previous
recipients of the record that an
amendment has been made and give the
substance of the amendment. Where
VerDate Sep<11>2014
13:50 Nov 30, 2016
Jkt 241001
practicable, the system manager shall
send a copy of the amended record to
previous recipients.
(2) If CIGIE denies the request in
whole or in part, the reasons for the
denial will be stated in the response
letter. In addition, the response letter
will state:
(i) The name and address of the
official with whom an appeal of the
denial may be lodged; and
(ii) A description of any other
procedures which may be required of
the requester in order to process the
appeal.
§ 9801.303 Appeal from adverse
determination on amendment.
(a) How addressed. A requester may
submit a written appeal of the decision
by CIGIE to deny an initial request to
amend a record in a CIGIE system of
records to the Chairperson, Council of
the Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite
825, Washington, DC 20006. The words
‘‘Privacy Act Appeal’’ should be
included on the envelope and at the top
of the letter of appeal.
(b) Deadline and content. The appeal
must be received by CIGIE within 60
days of the date of the letter denying the
request and should contain a brief
description of the record(s) involved or
copies of the correspondence from
CIGIE and the reasons why the requester
believes that the disputed information
should be amended.
§ 9801.304 Response to appeal of adverse
determination on amendment;
disagreement statements.
(a) Response timing. The Chairperson
should make a final determination in
writing not later than 30 days from the
date the appeal was received. The 30day period may be extended for good
cause. Notice of the extension and the
reasons therefor will be sent to the
requester within the 30-day period.
(b) Amendment granted. If the
Chairperson determines that the
record(s) should be amended in
accordance with the requester’s request,
the Chairperson will take the necessary
steps to advise the requester and to
direct the appropriate system manager:
(1) To amend the record(s); and
(2) To notify previous recipients of
the record(s) for which there is an
accounting of disclosure that the
record(s) have been amended.
(c) Denial affirmed. If the appeal
decision does not grant in full the
request for amendment, the decision
letter will notify the requester that the
requester may:
(1) Obtain judicial review of the
decision in accordance with the terms of
the Privacy Act at 5 U.S.C. 552a(g); and
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
86567
(2) File a statement setting forth their
reasons for disagreeing with the
decision.
(d) Requester’s disagreement
statement. A requester’s disagreement
statement must be concise. CIGIE has
the authority to determine the
‘‘conciseness’’ of the statement, taking
into account the scope of the
disagreement and the complexity of the
issues.
(e) Provision of requester’s
disagreement statement. In any
disclosure of information about which
an individual has filed a proper
statement of disagreement, CIGIE will
clearly note any disputed portion(s) of
the record(s) and will provide a copy of
the statement to persons or other
agencies to whom the disputed record
or records has been disclosed and for
whom an accounting of disclosure has
been maintained. A concise statement of
the reasons for not making the
amendments requested may also be
provided.
§ 9801.305 Assistance in preparing
request to amend a record or to appeal an
initial adverse determination.
Requesters may seek assistance in
preparing a request to amend a record
or an appeal of an initial adverse
determination, or to learn further of the
provisions for judicial review, by
contacting CIGIE’s Privacy Officer by
email at privacy@cigie.gov or by mail at
Privacy Officer, Council of the
Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite
825, Washington, DC 20006.
Dated: November 23, 2016.
Michael E. Horowitz,
Chairperson of the Council of the Inspectors
General on Integrity and Efficiency.
[FR Doc. 2016–28897 Filed 11–30–16; 8:45 am]
BILLING CODE 6820–C9–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–6692; Directorate
Identifier 2016–NE–13–AD; Amendment 39–
18725; AD 2016–24–08]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
plc Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for all
SUMMARY:
E:\FR\FM\01DER1.SGM
01DER1
Agencies
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Rules and Regulations]
[Pages 86563-86567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28897]
=======================================================================
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COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
5 CFR Part 9801
RIN 3219-AA00
Privacy Act Regulations
AGENCY: Council of the Inspectors General on Integrity and Efficiency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Council of the Inspectors General on Integrity and
Efficiency (CIGIE) is issuing this final rule to establish its
procedures relating to access, maintenance, disclosure, and amendment
of records that are in a CIGIE system of records under the Privacy Act
of 1974 (Privacy Act). This final rule also establishes rules of
conduct for CIGIE personnel who have responsibilities under the Privacy
Act.
DATES: This final rule is effective January 3, 2017.
FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel,
CIGIE, (202) 292-2600.
SUPPLEMENTARY INFORMATION:
Background Information
CIGIE published a proposed rule in the Federal Register, 81 FR
61628, September 7, 2016, to provide the procedures and guidelines
under which CIGIE will implement the Privacy Act. The proposed rule
provided a 60-day comment period, which ended on November 7, 2016.
CIGIE received one timely and responsive comment, which was submitted
by an individual. The comment supported the regulation and reflected no
suggested changes.
CIGIE is making one technical citation format change. The citation
to ``the Inspector General Act of 1978, Public Law 95-452, 92 Stat.
1101 (codified as amended at 5 U.S.C. app)'' reflected in the proposed
rule is being changed in this final rule to ``the Inspector General Act
of 1978, as amended, 5 U.S.C. app.'' This is a technical modification
and does not reflect a substantive change. There were no other
modifications made to the proposed rule. For the reasons set forth
herein and in the preamble to the proposed rule, CIGIE is publishing
this final rule.
Executive Orders 12866 and 13563
In promulgating this rule, CIGIE has adhered to the regulatory
philosophy and the applicable principles of regulation set forth in
section 1 of Executive Order 12866, Regulatory Planning and Review. The
Office of Management and Budget (OMB) has determined that this rule is
not ``significant'' under Executive Order 12866.
Regulatory Flexibility Act
These regulations will not have a significant economic impact on a
substantial number of small entities. Therefore, a regulatory
flexibility analysis as provided by the Regulatory Flexibility Act, as
amended, is not required.
Paperwork Reduction Act
These regulations impose no additional reporting and recordkeeping
requirements. Therefore, clearance by OMB is not required.
Federalism (Executive Order 13132)
This rule does not have Federalism implications, as set forth in
Executive Order 13132. It will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.
List of Subjects in 5 CFR Part 9801
Information, Privacy, Privacy Act, Records.
For the reasons set forth in the preamble, CIGIE adds part 9801 to
title 5 of the Code of Federal Regulations as follows:
PART 9801--PRIVACY ACT REGULATIONS
Subpart A--General Provisions
Sec.
9801.101 Purpose and scope.
9801.102 CIGIE organization.
9801.103 Definitions.
9801.104 Rules for determining if an individual is the subject of a
record.
9801.105 Employee standards of conduct.
9801.106 Use and collection of social security numbers.
9801.107 Other rights and services.
[[Page 86564]]
Subpart B--Access to Records and Accounting of Disclosures
Sec.
9801.201 Requests for access.
9801.202 Response to requests.
9801.203 Granting access.
9801.204 Special procedures: Medical records.
9801.205 Appeals from denials of requests for access to records.
9801.206 Response to appeal of a denial of access.
9801.207 Fees.
9801.208 Requests for accounting of record disclosures.
Subpart C--Amendment of Records
Sec.
9801.301 Requests for amendment of record.
9801.302 Response to requests.
9801.303 Appeal from adverse determination on amendment.
9801.304 Response to appeal of adverse determination on amendment;
disagreement statements.
9801.305 Assistance in preparing request to amend a record or to
appeal an initial adverse determination.
Authority: Section 11 of the Inspector General Act of 1978, as
amended, 5 U.S.C. app.; 5 U.S.C. 301, 552a; 31 U.S.C. 9701.
Subpart A--General Provisions
Sec. 9801.101 Purpose and scope.
This part contains the regulations of the Council of the Inspectors
General on Integrity and Efficiency (CIGIE) implementing the Privacy
Act of 1974, 5 U.S.C. 552a. This part sets forth the basic
responsibilities of CIGIE with regard to CIGIE's compliance with the
requirements of the Privacy Act and offers guidance to members of the
public who wish to exercise any of the rights established by the
Privacy Act with regard to records maintained by CIGIE. These
regulations should be read in conjunction with the Privacy Act, which
explains in more detail individuals' rights.
Sec. 9801.102 CIGIE organization.
(a) Centralized program. Except as stated in paragraph (b) of this
section, CIGIE has a centralized Privacy Act program, with one office
receiving and coordinating the processing of all Privacy Act requests
to CIGIE.
(b) Integrity Committee records. The Integrity Committee of CIGIE
(IC) is the single exception to CIGIE's centralized Privacy Act
program. By statute, all records received or created by the IC in
fulfilling its responsibilities are collected and maintained separately
as IC records by the official of the Federal Bureau of Investigation
(FBI) serving on the IC. Currently, all such records are maintained by
the FBI in the FBI's Central Records System and are subject to the
system of records notices and the Privacy Act policies and regulations
applicable to that system. See 28 CFR part 16, subpart D. Accordingly,
except as stated in paragraph (c) of this section, because IC records
are not maintained by CIGIE, this part does not apply to requests or
appeals regarding IC records.
(c) Acceptance of requests and appeals. CIGIE will accept initial
requests or appeals regarding CIGIE records and regarding IC records
maintained by the FBI on behalf of the FBI. Requests and appeals
regarding IC records will be referred to the FBI for processing and
direct response to the requester by the FBI.
Sec. 9801.103 Definitions.
(a) For purposes of this part the terms individual, maintain,
record, routine use, and system of records, shall have the meanings set
forth in 5 U.S.C. 552a(a).
(b) CIGIE means the Council of the Inspectors General on Integrity
and Efficiency and includes its predecessor entities, the Executive
Council on Integrity and Efficiency and the President's Council on
Integrity and Efficiency.
(c) Days, unless stated as ``calendar days,'' are working days and
do not include Saturdays, Sundays, or Federal holidays.
(d) IC means the CIGIE Integrity Committee established under
section 11(d) of the Inspector General Act of 1978, as amended, 5
U.S.C. app. (Inspector General Act).
(e) Request for access to a record means a request made under
Privacy Act subsection (d)(1).
(f) Request for amendment of a record means a request made under
Privacy Act subsection (d)(2).
(g) Request for an accounting means a request made under Privacy
Act subsection (c)(3).
(h) Requester means an individual who makes a request for access, a
request for amendment, or a request for an accounting under the Privacy
Act.
Sec. 9801.104 Rules for determining if an individual is the subject
of a record.
An individual seeking to determine if a specific CIGIE system of
records contains a record pertaining to the individual must follow the
procedures set forth for access to records in Sec. 9801.201(a), (b)(1)
and (2), (c), and (d). A request to determine if an individual is the
subject of a record will ordinarily be responded to within 10 days,
except when CIGIE determines otherwise, in which case the request will
be acknowledged within 10 days and the individual will be informed of
the reasons for the delay and an estimated date by which a response
will be issued.
Sec. 9801.105 Employee standards of conduct.
CIGIE will inform its employees involved in the design,
development, operation, or maintenance of any system of records, or in
maintaining any record, of the provisions of the Privacy Act, including
the Act's civil liability and criminal penalty provisions. Unless
otherwise permitted by law, an employee of CIGIE shall:
(a) Collect from individuals only the information that is relevant
and necessary to discharge the responsibilities of CIGIE;
(b) Collect information about an individual directly from that
individual whenever practicable when the information may result in
adverse determinations about an individual's rights, benefits, and
privileges under Federal programs;
(c) Inform each individual from whom information is collected of:
(1) The legal authority to collect the information and whether
providing it is mandatory or voluntary;
(2) The principal purpose for which CIGIE intends to use the
information;
(3) The routine uses CIGIE may make of the information; and
(4) The effects on the individual, if any, of not providing the
information;
(d) Maintain no system of record without public notice and notify
appropriate CIGIE officials of the existence or development of any
system of records that is not the subject of a current or planned
public notice;
(e) Maintain all records that are used by CIGIE in making any
determination about an individual with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to ensure
fairness to the individual in the determination;
(f) Except as to disclosures made to an agency or made under the
Freedom of Information Act, 5 U.S.C. 552 (FOIA), make reasonable
efforts, prior to disseminating any record about an individual, to
ensure that the record is accurate, relevant, timely, and complete;
(g) Maintain no record describing how an individual exercises his
or her First Amendment rights, unless it is expressly authorized by
statute or by the individual about whom the record is maintained, or is
pertinent to and within the scope of an authorized law enforcement
activity;
(h) When required by the Privacy Act, maintain an accounting in the
specified form of all disclosures of records by CIGIE to persons,
organizations, or agencies;
[[Page 86565]]
(i) Maintain and use records with care to prevent the unauthorized
or inadvertent disclosure of a record to anyone. No record contained in
a CIGIE system of record shall be disclosed to another person, or to
another agency outside CIGIE, except pursuant to a written request by,
or with the prior written consent of, the individual to whom the record
pertains, unless the disclosure is otherwise authorized by the Privacy
Act; and
(j) Notify the appropriate CIGIE official of any record that
contains information that the Privacy Act does not permit CIGIE to
maintain.
Sec. 9801.106 Use and collection of social security numbers.
(a) No denial of right, benefit, or privilege. Individuals may not
be denied any right, benefit, or privilege as a result of refusing to
provide their social security numbers, unless the collection is
required by Federal statute; and
(b) Notification to individual. Individuals requested to provide
their social security numbers must be informed of:
(1) Whether providing social security numbers is mandatory or
voluntary;
(2) The statutory or regulatory authority that authorizes the
collection of social security numbers; and
(3) The uses that will be made of the numbers.
Sec. 9801.107 Other rights and services.
Nothing in this part shall be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the Privacy Act.
Subpart B--Access to Records and Accounting of Disclosures
Sec. 9801.201 Requests for access.
(a) How addressed. A requester seeking access to records pertaining
to the requester in a CIGIE system of records should submit a written
request that includes the words ``Privacy Act Request'' on both the
envelope and at the top of the request letter to the Executive
Director, Council of the Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.
(b) Description of records sought. (1) A request should contain a
specific reference to the CIGIE system of records from which access to
the records is sought. Notices of CIGIE systems of records subject to
the Privacy Act are published in the Federal Register, and copies of
the notices are available on CIGIE's Web site at www.ignet.gov, or upon
request from CIGIE's Office of General Counsel.
(2) If the written inquiry does not refer to a specific system of
records, it must describe the records that are sought in enough detail
to enable CIGIE personnel to locate the system of records containing
them with a reasonable amount of effort.
(3) The request should state whether the requester wants a copy of
the record or wants to examine the record in person.
(c) Verification of identity. A requester seeking access to records
pertaining to the requester must verify their identity in their
request. The request must state the requester's full name, current
address, and date and place of birth. The requester must sign the
request and the signature must either be notarized or state, ``Under
penalty of perjury, I hereby declare that I am the person named above
and I understand that any falsification of this statement is punishable
under the provisions of Title 18, United States Code (U.S.C.), Section
1001 by a fine of not more than $10,000 or by imprisonment of not more
than five years, or both; and that requesting or obtaining any
record(s) under false pretenses is punishable under the provisions of
Title 5, U.S.C., Section 552a(i)(3) as a misdemeanor and by a fine of
not more than $5,000.'' In order to help the identification and
location of requested records, the requester may optionally include
their social security number. No identification shall be required if
the records are required by 5 U.S.C. 552 to be released.
(d) Verification of guardianship. When making a request as the
parent or guardian of a minor or as the guardian of someone determined
by a court to be incompetent for access to records about that
individual, the requester 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 the requester's option, the social security number of the
individual;
(2) The requester's identity, as required in paragraph (c) of this
section;
(3) That the requester is the parent or guardian of that
individual, which may be established by providing a copy of the
individual's birth certificate showing the requester's parentage or by
providing a court order establishing the requester's guardianship; and
(4) That the requester is acting on behalf of that individual in
making the request.
Sec. 9801.202 Response to requests.
A request for access will ordinarily be responded to within 10
days, except when CIGIE determines otherwise, in which case the request
will be acknowledged within 10 days and the requester will be informed
of the reasons for the delay and an estimated date by which a response
will be issued. A response to a request for access should include the
following:
(a) A statement that there is a record or records as requested or a
statement that there is not a record in the system of records;
(b) The method of access (if a copy of all the records requested is
not provided with the response);
(c) The amount of any fees to be charged for copies of records
under Sec. 9801.207, if applicable;
(d) The name and title of the official responsible for the
response; and
(e) If the request is denied in whole or in part, or no record is
found in the system, a statement of the reasons for the denial, or a
statement that no record has been found, and notice of the procedures
for appealing the denial or no record finding.
Sec. 9801.203 Granting access.
(a) Means of access. (1) The methods for allowing access to
records, when such access has been granted by CIGIE, are:
(i) Examination in person in a designated office during the hours
specified by CIGIE; or
(ii) Providing copies of the records.
(2) When a requester has not indicated whether he wants a copy of
the record or wants to examine the record in person, CIGIE may choose
the means of granting access. However, the means chosen should not
unduly impede the requester's right of access. A requester may elect to
receive a copy of the records after having examined them.
(b) Accompanying individual. If the requester is granted in person
access to examine the records, the requester may be accompanied by
another individual of the requester's choice during the course of the
examination of the records. CIGIE may require the requester to submit a
signed statement authorizing the accompanying individual's access to
the records.
(c) Certified copies. CIGIE will not furnish certified copies of
records. When copies are to be furnished, they may be provided as
determined by CIGIE.
(d) Original records. When the requester seeks to obtain original
documentation, CIGIE reserves the right to limit the request to copies
of the original records.
[[Page 86566]]
Sec. 9801.204 Special procedures: Medical records.
In the event CIGIE receives a request pursuant to Sec. 9801.201
for access to medical records (including psychological records) whose
disclosure CIGIE determines would be harmful to the individual to whom
they relate, it may refuse to disclose the records directly to the
requester but shall transmit them to a physician designated by the
requester.
Sec. 9801.205 Appeals from denials of requests for access to records.
(a) How addressed. A requester may submit a written appeal of the
decision by CIGIE to deny an initial request for access to records or a
no record response to the Chairperson, Council of the Inspectors
General on Integrity and Efficiency, 1717 H Street NW., Suite 825,
Washington, DC 20006. The words ``Privacy Act Appeal'' should be
included on the envelope and at the top of the letter of appeal.
(b) Deadline and content. The appeal must be received by CIGIE
within 60 days of the date of the letter denying the access request or
reflecting the no record finding and should contain a brief description
of the records involved or copies of the relevant correspondence from
CIGIE. The appeal should attempt to refute the reasons given by CIGIE
in support of its decision to deny the initial request for access or no
record finding.
Sec. 9801.206 Response to appeal of a denial of access.
(a) Access granted. If the Chairperson or the Chairperson's
designee determines that access to the records should be granted, the
response will state how access will be provided if the records are not
included with the response.
(b) Denial affirmed. Any decision that either partially or fully
affirms the initial decision to deny access or no record finding shall
inform the requester of the right to seek judicial review of the
decision in accordance with the Privacy Act (5 U.S.C. 552a(g)).
(c) When appeal is required. If a requester wishes to seek review
by a court of any adverse determination or denial of a request, the
requester must first appeal it under Sec. 9801.205.
Sec. 9801.207 Fees.
(a) No fees for most services. Services for which fees will not be
charged:
(1) The search and review time expended by CIGIE to produce a
record;
(2) The first copy of the records provided; and
(3) CIGIE making the records available to be personally reviewed by
the requester.
(b) Fees for additional copies. When a requester requests
additional copies of records, CIGIE will assess the requester a fee of
$.20 per page. CIGIE will bill requester in arrears for such fees,
except as follows:
(1) If the total fee for additional copies amounts to more than
$25.00, the requester will be notified of the fee amount. Except as
specified in paragraph (b)(2) of this section, upon requester's written
agreement to pay the assessed fees, CIGIE will provide the additional
copies without prepayment of such fees (i.e., payment will be accepted
in arrears).
(2) An advance payment before additional copies of the records are
made will be required if:
(i) CIGIE determines that the total fee to be assessed under this
section exceeds $250.00. When such a determination is made, the
requester will be notified of the determination and will be required to
submit an advance payment of an amount up to the total fee. The amount
of the advanced payment will be at the sole discretion of CIGIE and
will be based, in part, on whether requester has a history of prompt
payment of Privacy Act fees. If the required advanced payment is an
amount less than the total fee, requester will be required to submit a
written agreement to pay any fees not paid in advance; or
(ii) The requester has previously failed to pay a previously
assessed Privacy Act fee in a timely fashion (i.e., within 30 days of
the date of the billing). In such cases, the requester will be required
to pay the full amount outstanding plus any applicable interest as
provided by paragraph (c) of this section and to make an advance
payment of the full amount of the determined fee before CIGIE begins to
process a new request for additional copies.
(c) Interest charges. For additional copies provided to requester
that result in fees assessed, CIGIE will begin levying interest charges
on an unpaid balance starting on the 31st day following the day on
which the billing was sent. Interest will be assessed at the rate
prescribed under 31 U.S.C. 3717 and will accrue from the date of the
billing.
(d) Payment address. Payment of fees should be made by either a
personal check, bank draft or a money order that is payable to the
Department of the Treasury of the United States and mailed or delivered
to: Privacy Officer, Council of the Inspectors General on Integrity and
Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.
Sec. 9801.208 Requests for accounting of record disclosures.
(a) How made and addressed. Except where accountings of disclosures
are not required to be kept (as stated in paragraph (b) of this
section), a requester may request an accounting of any disclosure that
has been made by CIGIE to another person, organization, or agency of
any record about the requester. This accounting contains the date,
nature, and purpose of each disclosure, as well as the name and address
of the person, organization, or agency to which the disclosure was
made. A requester seeking an accounting of record disclosures must
follow the procedures set forth for access to records in Sec.
9801.201(a), (b)(1) and (2), (c), and (d).
(b) Where accountings are not required. CIGIE is not required to
provide accountings to requesters where they relate to:
(1) Disclosures for which accountings are not required to be kept,
including disclosures that are made to officers and employees of CIGIE
and disclosures that are made under the FOIA. For purposes of this
part, officers and employees of CIGIE includes, in part, CIGIE's
membership, as addressed in section 11 of the Inspector General Act,
when such members are acting in their capacity as CIGIE members;
(2) Disclosures made to law enforcement agencies for authorized law
enforcement activities in response to written requests from those law
enforcement agencies specifying the law enforcement activities for
which the disclosures are sought; or
(3) Disclosures made from law enforcement systems of records that
have been exempted from accounting requirements.
Subpart C--Amendment of Records
Sec. 9801.301 Requests for amendment of record.
(a) How addressed. A requester seeking to amend a record or records
pertaining to requester in a CIGIE system of records should submit a
written request that includes the words ``Privacy Act Amendment
Request'' on both the envelope and at the top of the request letter to
the Executive Director, Council of the Inspectors General on Integrity
and Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.
Records not subject to the Privacy Act will not be amended in
accordance with these provisions.
[[Page 86567]]
(b) Contents of request. A request to amend a record in a CIGIE
system of records must include:
(1) The name of the system of records and a brief description of
the record proposed for amendment. In the event the request to amend
the record is the result of the requester having gained access to the
record in accordance with the provisions concerning access to records
as set forth in subpart B of this part, copies of previous
correspondence between the requester and CIGIE will serve in lieu of a
separate description of the record.
(2) The exact portion of the record the requester seeks to have
amended should be indicated clearly. If possible, proposed alternative
language should be set forth, or, at a minimum, the reasons why the
requester believes the record is not accurate, relevant, timely, or
complete should be set forth with enough particularity to permit CIGIE
to not only to understand the requester's basis for the request, but
also to make an appropriate amendment to the record.
(c) Burden of proof. The requester has the burden of proof when
seeking the amendment of a record. The requester must furnish
sufficient facts to persuade the appropriate system manager of the
inaccuracy, irrelevance, untimeliness, or incompleteness of the record.
(d) Identification requirement. When the requester's identity has
been previously verified pursuant to Sec. 9801.201, further
verification of identity is not required as long as the communication
does not suggest a need for verification. If the requester's identity
has not been previously verified, the appropriate system manager may
require identification validation as described in Sec. 9801.201.
Sec. 9801.302 Response to requests.
(a) Time limit for acknowledging a request for amendment. To the
extent possible, CIGIE will acknowledge receipt of a request to amend a
record or records within 10 working days.
(b) Determination on an amendment request. The decision of CIGIE in
response to a request for amendment of a record in a system of records
may grant in whole or deny any part of the request to amend the record.
(1) If CIGIE grants the request, the appropriate system manager
will amend the record(s) and provide a copy of the amended record(s) to
the requester. To the extent an accounting of disclosure has been
maintained, the system manager shall advise all previous recipients of
the record that an amendment has been made and give the substance of
the amendment. Where practicable, the system manager shall send a copy
of the amended record to previous recipients.
(2) If CIGIE denies the request in whole or in part, the reasons
for the denial will be stated in the response letter. In addition, the
response letter will state:
(i) The name and address of the official with whom an appeal of the
denial may be lodged; and
(ii) A description of any other procedures which may be required of
the requester in order to process the appeal.
Sec. 9801.303 Appeal from adverse determination on amendment.
(a) How addressed. A requester may submit a written appeal of the
decision by CIGIE to deny an initial request to amend a record in a
CIGIE system of records to the Chairperson, Council of the Inspectors
General on Integrity and Efficiency, 1717 H Street NW., Suite 825,
Washington, DC 20006. The words ``Privacy Act Appeal'' should be
included on the envelope and at the top of the letter of appeal.
(b) Deadline and content. The appeal must be received by CIGIE
within 60 days of the date of the letter denying the request and should
contain a brief description of the record(s) involved or copies of the
correspondence from CIGIE and the reasons why the requester believes
that the disputed information should be amended.
Sec. 9801.304 Response to appeal of adverse determination on
amendment; disagreement statements.
(a) Response timing. The Chairperson should make a final
determination in writing not later than 30 days from the date the
appeal was received. The 30-day period may be extended for good cause.
Notice of the extension and the reasons therefor will be sent to the
requester within the 30-day period.
(b) Amendment granted. If the Chairperson determines that the
record(s) should be amended in accordance with the requester's request,
the Chairperson will take the necessary steps to advise the requester
and to direct the appropriate system manager:
(1) To amend the record(s); and
(2) To notify previous recipients of the record(s) for which there
is an accounting of disclosure that the record(s) have been amended.
(c) Denial affirmed. If the appeal decision does not grant in full
the request for amendment, the decision letter will notify the
requester that the requester may:
(1) Obtain judicial review of the decision in accordance with the
terms of the Privacy Act at 5 U.S.C. 552a(g); and
(2) File a statement setting forth their reasons for disagreeing
with the decision.
(d) Requester's disagreement statement. A requester's disagreement
statement must be concise. CIGIE has the authority to determine the
``conciseness'' of the statement, taking into account the scope of the
disagreement and the complexity of the issues.
(e) Provision of requester's disagreement statement. In any
disclosure of information about which an individual has filed a proper
statement of disagreement, CIGIE will clearly note any disputed
portion(s) of the record(s) and will provide a copy of the statement to
persons or other agencies to whom the disputed record or records has
been disclosed and for whom an accounting of disclosure has been
maintained. A concise statement of the reasons for not making the
amendments requested may also be provided.
Sec. 9801.305 Assistance in preparing request to amend a record or to
appeal an initial adverse determination.
Requesters may seek assistance in preparing a request to amend a
record or an appeal of an initial adverse determination, or to learn
further of the provisions for judicial review, by contacting CIGIE's
Privacy Officer by email at privacy@cigie.gov or by mail at Privacy
Officer, Council of the Inspectors General on Integrity and Efficiency,
1717 H Street NW., Suite 825, Washington, DC 20006.
Dated: November 23, 2016.
Michael E. Horowitz,
Chairperson of the Council of the Inspectors General on Integrity and
Efficiency.
[FR Doc. 2016-28897 Filed 11-30-16; 8:45 am]
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