5 C.F.R. PART 1830—PRIVACY
Title 5 - Administrative Personnel
Authority: 5 U.S.C. 552a(f), 1212(g).
Source: 54 FR 47344, Nov. 14, 1989, unless otherwise noted.
(a) Individuals may request access to records pertaining to them that are maintained as described in the Privacy Act, 5 U.S.C. 552a, by addressing an inquiry to the Office of Special Counsel either by mail or by appearing in person at the Office of Special Counsel at 1730 M Street, NW., Suite 201, Washington, DC 20036-4505, during business hours on a regular business day. Requests in writing should be clearly and prominently marked “Privacy Act Request.” Requests for copies of records shall be subject to duplication fees set forth in §1820.6 of this chapter. (b) Individuals making a request in person shall be required to present satisfactory proof of identity, preferably a document bearing the individual's photograph. Requests by mail or submitted other than in person should contain sufficient information to enable the Office of Special Counsel to determine that the requester and the subject of the record are one and the same. To assist in this process, individuals should submit their names and addresses, dates and places of birth, social security number, and any other known identifying information such as an agency file number or identification number and a description of the circumstances under which the records were compiled. [54 FR 47344, Nov. 14, 1989, as amended at 59 FR 64844, Dec. 16, 1994; 65 FR 81325, Dec. 26, 2000] When a request for access involves medical records that are not otherwise exempt from disclosure, the requesting individual may be advised, if it is deemed necessary, that the records will be provided only to a physician designated in writing by the individual. Upon receipt of the designation, the physician will be permitted to review the records or to receive copies by mail upon proper verification of identity. Individuals may request amendment of records pertaining to them that are subject to this part. Requests should be addressed, in writing, to the Special Counsel at 1730 M Street, NW., Suite 201, Washington, DC 20036-4505, and be clearly and prominently marked “Privacy Act Request.” Requests for amendment should include identification of records together with a statement of the basis for the requested amendment and all available supporting documents and materials. Requests for amendment shall be acknowledged not later than 10 days (excluding Saturdays, Sundays, and legal holidays) after receipt and a determination on the request shall be made promptly. [54 FR 47344, Nov. 14, 1989, as amended at 59 FR 64844, Dec. 16, 1994; 65 FR 81325, Dec. 26, 2000] When a request for access or amendment has been denied, in whole or in part, the requester shall be advised of his right to appeal to the Special Counsel or the Special Counsel's designee. The requester shall submit his appeal in writing within 30 days of the denial. A final determination on the appeal shall be issued within 30 days (excluding Saturdays, Sundays, and legal holidays) after receipt. Where unusual circumstances prevent a determination within that time period, the time for a determination may be extended an additional 30 working days. The Office of Special Counsel will claim exemptions from the provisions of the Privacy Act at subsections (c)(3) and (d) as permitted by subsection (k) for records subject to the Act that fall within the category of investigatory material described in paragraphs (2) and (5) and testing or examination material described in paragraph (6) of that subsection. The exemptions for investigatory material are necessary to prevent frustration of inquiries into allegations of prohibited personnel practices or political activity and to protect identities of confidential sources of information. The exemption for testing or examination material is necessary to prevent the disclosure of information which would potentially give an individual an unfair competitive advantage or diminish the utility of established examination procedures. The Office of Special Counsel also reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency in responding to a request and the Office of Special Counsel may refuse access to information compiled in reasonable anticipation of a civil action or proceeding.
Title 5: Administrative Personnel
PART 1830—PRIVACY
Section Contents
§ 1830.1 Access to records and identification.
§ 1830.2 Medical records.
§ 1830.3 Requests for amendment of records.
§ 1830.4 Appeals.
§ 1830.5 Exemptions.
§ 1830.1 Access to records and identification.
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§ 1830.2 Medical records.
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§ 1830.3 Requests for amendment of records.
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§ 1830.4 Appeals.
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§ 1830.5 Exemptions.
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