12 C.F.R. Subpart A—General Provisions


Title 12 - Banks and Banking


Title 12: Banks and Banking
PART 261a—RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT OF 1974

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Subpart A—General Provisions

§ 261a.1   Authority, purpose and scope.

(a) Authority. This part is issued by the Board of Governors of the Federal Reserve System (the Board) pursuant to the Privacy Act of 1974 (5 U.S.C. 552a).

(b) Purpose. The purpose of this part is to implement the provisions of the Privacy Act of 1974 (5 U.S.C. 552a) with regard to the maintenance, protection, disclosure, and amendment of records contained within systems of records maintained by the Board.

(c) Scope. This part covers requests for access to, or amendment of, records concerning individuals that are contained in systems of records maintained by the Board.

§ 261a.2   Definitions.

For the purposes of this part, the following definitions apply:

(a) Business day means any day except Saturday, Sunday or a legal Federal holiday.

(b) Designated system of records means a system of records maintained by the Board that has been listed in the Federal Register pursuant to the requirements of 5 U.S.C. 552a(e).

(c) Guardian means the parent of a 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.

(d) Individual means a natural person who is either a citizen of the United States or an alien lawfully admitted for permanent residence.

(e) Maintain includes maintain, collect, use, disseminate, or control.

(f) Record means any item, collection, or grouping of information about an individual maintained by the Board that contains the individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint, voice print, or photograph.

(g) Routine use means, with respect to disclosure of a record, the use of such record for a purpose that is compatible with the purpose for which it was collected or created.

(h) System of records means a group of any records under the control of the Board from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

§ 261a.3   Custodian of records; delegations of authority.

(a) Custodian of records. The Secretary of the Board is the official custodian of all records of the Board in the possession or control of the Board.

(b) Delegated authority of Secretary. With regard to this regulation, the Secretary of the Board is delegated the authority to:

(1) Respond to requests for access or amendment to records contained in a system of records, except for such requests regarding systems of records maintained by the Board's Office of the Inspector General (OIG);

(2) Approve the publication of new systems of records and amend existing systems of records, except systems of records exempted pursuant to §§261a.13(b), (c) and (d);

(3) File the biennial reports required by the Privacy Act.

(c) Delegated authority of designee. Any action or determination required or permitted by this part to be done by the Secretary of the Board may be done by an Associate Secretary or other responsible employee of the Board who has been duly designated for this purpose by the Secretary.

(d) Delegated authority of Inspector General. With regard to systems of records maintained by the OIG, the Inspector General is delegated the authority to respond to requests for access or amendment.

§ 261a.4   Fees.

(a) Copies of records. Copies of records requested pursuant to §261a.5 of this part shall be provided at the same cost charged for duplication of records and/or production of computer output under the Board's Rules Regarding Availability of Information, §261.10 of this part.

(b) No fee. Documents may be furnished without charge where total charges are less than $5.

(c) Waiver of fees. In connection with any request by an employee, former employee, or applicant for employment, for records for use in prosecuting a grievance or complaint of discrimination against the Board, fees shall be waived where the total charges (including charges for information provided under the Freedom of Information Act) are $50 or less; but the Secretary may waive fees in excess of that amount.

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