12 C.F.R. Subpart B—Procedures for Requests by Individual to Whom Record Pertains
Title 12 - Banks and Banking
(a) Procedures for making request. (1) Any individual (or guardian of an individual) other than a current Board employee desiring to learn of the existence of, or to gain access to, his or her record in a designated system of records shall submit a request in writing to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue NW., Washington, DC 20551. (2) A request by a current Board employee for that employee's own personnel records may be made in person during regular business hours at the Division of Human Resources, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue NW., Washington, DC 20551. (3) A request by a current Board employee for information other than personnel information may be made in person during regular business hours at the Freedom of Information Office, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue NW., Washington, DC 20551. (4) Requests for information contained in a system of records maintained by the Board's OIG shall be submitted in writing to the Inspector General, Board of Governors of the Federal Reserve System, 20th and Constitution Avenue NW., Washington, DC 20551. (b) Contents of request. A request made pursuant to paragraph (a) of this section shall include the following: (1) A statement that it is made pursuant to the Privacy Act of 1974; (2) The name of the system of records expected to contain the record requested or a concise description of such system of records. (3) Necessary information to verify the identity of the requester pursuant to paragraph (c) of this section; and (4) Any other information that may assist in the rapid identification of the record for which access is being requested (e.g., maiden name, dates of employment, etc.). (c) Verification of identity. The Board shall require proof of identity from a requester and reserves the right to determine the adequacy of such proof. In general, the following shall be considered adequate proof of identity: (1) For a current Board employee, his or her Board identification card; or (2) For an individual other than a current Board employee, either: (i) Two forms of identification, one of which has a picture of the individual requesting access; or (ii) A notarized statement attesting to the identity of the requester. (d) Verification of identity not required. No verification of identity shall be required of individuals seeking access to records that are otherwise available to any person under 5 U.S.C. 552, Freedom of Information Act. (e) Request for accounting of previous disclosures. An individual making a request pursuant to paragraph (a) of this section may also include a request for an accounting (pursuant to 5 U.S.C. 552a(c)) of previous disclosures of records pertaining to such individual in a designated system of records. (a) Compliance with Freedom of Information Act. Every request made pursuant to §261a.5 of this part shall also be handled by the Board as a request for information pursuant to the Freedom of Information Act (5 U.S.C. 552), except that the time limits set forth in paragraph (b) of this section and the fees specified in §261a.4 of this part shall apply to such requests. (b) Time limits. Every request made pursuant to §261a.5 of this part shall be acknowledged or, where practicable, substantially responded to within 10 business days from receipt of the request. (c) Disclosure. (1) Information to be disclosed pursuant to this part and the Privacy Act, except for information maintained by the Board's OIG, shall be made available for inspection and copying during regular business hours at the Board's Freedom of Information Office. (2) Information to be disclosed that is maintained by the Board's OIG shall be made available for inspection and copying at the OIG. (3) When the requested record cannot reasonably be put into a form for individual inspection (e.g., computer tapes), or when the requester asks that the information be forwarded, copies of such information shall be mailed to the requester. (4) Access to or copies of requested information shall be promptly provided after the acknowledgement as provided in paragraph (b) of this section, unless good cause for delay is communicated to the requester. (d) Other authorized presence. The requester of information may be accompanied in the inspection of that information by a person of the requester's own choosing upon the requester's submission of a written and signed statement authorizing the presence of such person. (e) Denial of request. A denial of a request made pursuant to §261a.5 of this part shall include a statement of the reason(s) for denial and the procedures for appealing the denial. Medical or psychological records requested pursuant to §261a.5 of this part shall be disclosed directly to the requester unless such disclosure could, in the judgment of the Privacy Officer, in consultation with the Board's physician, have an adverse effect upon the requester. Upon such determination, the information shall be transmitted to a licensed physician named by the requester, who will disclose those records to the requester in a manner the physician deems appropriate. (a) Procedures for making request. (1) An individual desiring to amend a record in a designated system of records that pertains to him or her shall submit a request in writing to the Secretary of the Board (or to the Inspector General for records in a system of records maintained by the OIG) in an envelope clearly marked “Privacy Act Amendment Request.” (2) Each request for amendment of a record shall: (i) Identify the system of records containing the record for which amendment is requested; (ii) Specify the portion of that record requested to be amended; and (iii) Describe the nature of and reasons for each requested amendment. (3) Each request for amendment of a record shall be subject to verification of identity under the procedures set forth in §261a.5(c) of this part, unless such verification has already been made in a related request for access or amendment. (b) Burden of proof. The request for amendment of a record shall set forth the reasons the individual believes the record is not accurate, relevant, timely, or complete. The burden of proof for demonstrating the appropriateness of the requested amendment rests with the requester, and the requester shall provide relevant and convincing evidence in support of the request. (a) Time limits. The Board shall acknowledge a request for amendment of a record within 10 business days of receipt of the request. Such acknowledgement may request additional information necessary for a determination on the request for amendment. To the extent possible, a determination upon a request to amend a record shall be made within 10 business days after receipt of the request. (b) Contents of response to request for amendment. The response to a request for amendment shall include the following: (1) The decision to grant or deny, in whole or in part, the request for amendment; and (2) If the request is denied: (i) The reasons for denial of any portion of the request for amendment; (ii) The requester's right to appeal any denial; and (iii) The procedures for appealing the denial to the appropriate official. (a) Appeal. A requester may appeal a denial of a request made pursuant to §261a.5 or §261a.8 of this part to the Board, or any official designated by the chairman of the Board, within 10 business days of issuance of notification of denial. The appeal shall: (1) Be made in writing to the Secretary of the Board, with the words “PRIVACY ACT APPEAL” written prominently on the first page; (2) Specify the previous background of the request; and (3) Provide reasons why the initial denial is believed to be in error. (b) Determination. The Board or an official designated by the Chairman of the Board shall make a determination with respect to such appeal not later than 30 business days from its receipt, unless the time is extended for good cause shown. (1) If the Board or designated official grants an appeal regarding a request for amendment, the Board shall take the necessary steps to amend the record, and, when appropriate and possible, notify prior recipients of the record of the Board's action. (2) If the Board or designated official denies an appeal, the Board shall inform the requester of such determination, give a statement of the reasons therefor, and inform the requester of the right of judicial review of the determination. (c) Statement of disagreement. (1) Upon receipt of a denial of an appeal regarding a request for amendment, the requester may file a concise statement of disagreement with the denial. Such statement shall be maintained with the record the requester sought to amend, and any disclosure of the record shall include a copy of the statement of disagreement. (2) When practicable and appropriate, the Board shall provide a copy of the statement of disagreement to any person or other agency to whom the record was previously disclosed.
Title 12: Banks and Banking
PART 261a—RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT OF 1974
Subpart B—Procedures for Requests by Individual to Whom Record Pertains
§ 261a.5 Request for access to record.
§ 261a.6 Board procedures for responding to request for access.
§ 261a.7 Special procedures for medical records.
§ 261a.8 Request for amendment of record.
§ 261a.9 Board review of request for amendment of record.
§ 261a.10 Appeal of adverse determination of request for access or amendment.
