12 C.F.R. PART 913—PRIVACY ACT REGULATION
Title 12 - Banks and Banking
Authority: 5 U.S.C. 552a.
Source: 68 FR 39812, July 3, 2003, unless otherwise noted.
For purposes of this part: Amendment means any correction, addition to or deletion of information in a record. FOIA means the Freedom of Information Act, as amended (5 U.S.C. 552). Individual means a citizen of the United States or an alien lawfully admitted to the United States for permanent residence. Maintain means to keep or hold and preserve in an existing state, and includes the terms collect, use, disseminate and control. Privacy Act means the Privacy Act of 1974, as amended (5 U.S.C. 552a). Privacy Act Official means the Finance Board employee who is authorized to make determinations as provided in this part. The mailing address for the Privacy Act Official is: Privacy Act Office, Federal Housing Finance Board, 1777 F Street, NW., Washington, DC 20006. Record means any item, collection or grouping of information about an individual that the Finance Board maintains within a system of records and contains the individual's name or the identifying number, symbol or other identifying particular assigned to the individual, such as a finger or voice print or photograph. System of records means a group of records the Finance Board maintains or controls from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual. You can find a description of the Finance Board's systems of records as part of the “Privacy Act Compilation” published by the Working days do not include Saturdays, Sundays and legal public holidays. (a) This Part 913 contains the rules the Finance Board follows under the Privacy Act. The rules apply to all records in systems of records the Finance Board maintains that are retrieved by an individual's name or personal identifier. They describe the procedures by which individuals may request access to records about themselves or about and on behalf of another individual as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent, request amendment or correction of those records, and request an accounting of disclosures of those records by the Finance Board. Whenever it is appropriate to do so, the Finance Board automatically processes a Privacy Act request for access to records under both the Privacy Act and the FOIA, following the rules contained in part 910 of this chapter and this part 913. The Finance Board processes a request under both the Privacy Act and the FOIA so you will receive the maximum amount of information available to you by law. (b) This part does not entitle you to any service or to the disclosure of any record to which you are not entitled under the Privacy Act. It also does not, and may not be relied upon to create any substantive or procedural right or benefit enforceable against the Finance Board. (a) In general. You can make a Privacy Act request on your own behalf or on behalf of another individual as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent. To make sure that the Privacy Act Office receives your request without delay, you should include the notation “Privacy Act Request” on the front of your envelope and also at the beginning of your request. (b) Requests for access to records. You may make a request for access to a record by appearing in person or by writing directly to the Privacy Act Official. You must describe the record that you want in enough detail to enable the Privacy Act Office to locate the system(s) of records containing it with a reasonable amount of effort. Your request should describe the record sought, the time period in which you believe it was compiled, and the name or identifying number of each system of records in which you believe it is kept. (c) Requests for amendment or correction of records. You may make a request for amendment or correction of a Finance Board record by writing to the Privacy Act Official. Your request should identify each particular record in question and the system(s) of records in which the record is located, describe the amendment or correction that you want, and state why you believe that the record is not accurate, relevant, timely or complete. You may submit any documentation that you think would be helpful. (d) Requests for an accounting of record disclosures. You may request an accounting of disclosures made by the Finance Board to another person, organization or agency of any record by writing to the Privacy Act Official. Your request for an accounting should identify each particular record in question. An accounting generally includes 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. (e) Verification of identity. When making a Privacy Act request, you must verify your identity in accordance with these procedures to protect your privacy or the privacy of the individual on whose behalf you are acting. If you make a Privacy Act request and you do not follow these identity verification procedures, the Finance Board cannot process your request. (1) Verifying your own identity. If you make your request in person and your identity is not known to the Privacy Act Official, you must provide either two forms of identification with photographs, or one form of identification with a photograph and a properly authenticated birth certificate. If you make your request by mail, your signature either must be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. You may fulfill this requirement by having your signature on your request letter witnessed by a notary, or including the following statement just before the signature on your request letter: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date].” (2) 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, you must establish: (i) The identity of the individual who is the subject of the record, by stating the individual's name, current address and date and place of birth; (ii) Your own identity, as required in paragraph (e)(1) of this section; (iii) That you are the parent or guardian of the individual, which you may prove by providing a properly authenticated copy of the individual's birth certificate showing your parentage or a properly authenticated court order establishing your guardianship; and (iv) That you are acting on behalf of the individual in making the request. (a) When will the Finance Board respond to my request? The Privacy Act Official generally will respond to you in writing within 10 working days of receipt of a request that meets the requirements of §913.3. The Privacy Act Official may extend the response time in unusual circumstances, such as the need to consult with another agency about a record or to retrieve a record shipped offsite for storage. (b) What will the Finance Board's response include? The written response will include the Privacy Act Official's determination whether to grant or deny your request in whole or in part and a brief explanation of the reasons for the determination. If you requested access to records, the Privacy Act Official will make the records, if any, available to you. If you requested amendment or correction of a record, the response will describe any amendment or correction made and advise you of your right to obtain a copy of the amended or corrected record, in disclosable form, under this part. (c) Adverse determinations—(1) What is an adverse determination? Adverse determinations consist of the following determinations by the Privacy Act Official: (i) A determination to withhold any requested record in whole or in part; (ii) A determination to deny a request to amend or correct a record in whole or in part; (iii) A determination not to provide an accounting of disclosures; (iv) A determination that a requested record does not exist or cannot be located; (v) A determination that what has been requested is not a record subject to the Privacy Act; or (vi) A determination on any disputed fee matter. (2) Responses that include an adverse determination. If the Privacy Act Official makes an adverse determination with respect to your request, the written response under this section will state that the Privacy Act Official is the person responsible for the adverse determination, that the adverse determination is not a final agency action, and that you may appeal the adverse determination under §913.5. (a) Appeals. You can appeal any adverse determination made by the Privacy Act Official in responding to your Privacy Act request. If you wish to seek review by a court of any adverse determination or denial of a request, you first must appeal it under this section. (b) How do I make an appeal? You may make an appeal by submitting a written application giving the reasons why the adverse determination should be overturned within 30 working days of the date of the Privacy Act Official's determination under §913.4. You should include the notation “Privacy Act Appeal” on the front of your envelope and also at the beginning of your application to make sure that the Privacy Act Office receives your appeal without delay. (c) When will the Finance Board respond to my appeal? The Finance Board generally will respond to you in writing within 30 working days of receipt of an appeal that meets the requirements of paragraph (b) of this section. The Finance Board may extend the response time in unusual circumstances, such as the need to consult with another agency about a record or to retrieve a record shipped offsite for storage. (d) What will the Finance Board's response include? The written response will include the Finance Board's determination whether to grant or deny your appeal in whole or in part, a brief explanation of the reasons for the determination, and information about the Privacy Act provisions for court review of the determination. If your appeal concerns a request for access to records, the Finance Board will make the records, if any, available to you. If your appeal concerns amendment or correction of a record, the response will describe any amendment or correction made and advise you of your right to obtain a copy of the amended or corrected record, in disclosable form, under this part and your right to file a Statement of Disagreement under paragraph (e) of this section. (e) Statements of Disagreement—(1) What is a Statement of Disagreement? A Statement of Disagreement is a concise written statement in which you clearly identify each part of any record that you dispute and explain your reason(s) for disagreeing with the Finance Board's denial in whole or in part of your appeal to amend or correct that record. (2) How do I file a Statement of Disagreement? You must deliver your Statement of Disagreement to the Privacy Act Official within 30 working days of the Finance Board's denial in whole or in part of your appeal concerning amendment or correction of a record. (3) What will the Finance Board do with my Statement of Disagreement? The Finance Board will place your Statement of Disagreement in the system(s) of records in which the disputed record is maintained. The Finance Board also may append a concise statement of its reason(s) for denying the request to amend or correct the record. The Finance Board will provide a copy of your Statement of Disagreement and its explanation, if any, along with the record whenever the record is disclosed. (a) Your request is an agreement to pay fees. The Finance Board considers your Privacy Act request as your agreement to pay all applicable fees unless you specify a limit on the amount of fees you agree to pay. The Finance Board will not exceed the specified limit without your written agreement. (b) How does the Finance Board calculate fees? The Finance Board will charge a fee for duplication of a record under the Privacy Act in the same way it charges for duplication of records under the FOIA (12 CFR 910.9). The Finance Board will not charge any fees to search for or review records. (a) What is the effect of an exemption?—(1) In general. Except as provided in paragraph (a)(2) of this section, the Finance Board will not provide you with an accounting of disclosures or make available to you records that are exempt under paragraph (b) of this section. (2) Certain law enforcement records. The Finance Board will disclose a law enforcement record that is subject to an exemption if any right, privilege or benefit to which you would otherwise be entitled by Federal law, or for which you would otherwise be eligible, is denied as a result of the maintenance of the record, except to the extent that disclosure of the record would reveal the identity of a source who furnished information to the government under an express promise that his or her identity would be held in confidence. (b) Which records are exempt?—(1) Office of Inspector General Investigative Records. Pursuant to 5 U.S.C. 552a(k)(2), a record contained in the system of records titled “Office of Inspector General Investigative Records” (FHFB–6) is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), to the extent that the record consists of investigatory material compiled: (i) For law enforcement purposes; or (ii) For the purpose of determining suitability, eligibility or qualifications for federal civilian employment or federal contracts, if disclosure of the record would reveal the identity of a source who furnished information to the government under an express promise that his or her identity would be held in confidence. (2) Personnel Investigative Records. Pursuant to 5 U.S.C. 552a(k)(5), a record contained in the system of records titled “Personnel Investigative Records” (FHFB–5) is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f), to the extent that disclosure would reveal the identity of a source who furnished information to the government under an express promise that his or her identity of the source would be held in confidence. (c) Why are these records exempt?—(1) Office of Inspector General Investigative Records. The records contained in the system of records titled “Office of Inspector General Investigative Records” (FHFB–6) are exempt: (i) To prevent interference with law enforcement proceedings; (ii) To avoid an unwarranted invasion of personal privacy by revealing information about third parties such as other subjects of an investigation, law enforcement personnel, witnesses and other sources of information; (iii) To fulfill commitments made to protect the confidentiality of sources including Federal employees who furnish a complaint or information to the Office of the Inspector General and other sources of information; (iv) To assure access by the Office of Inspector General to sources of confidential information, including those contained in federal, state and local criminal law enforcement information systems; (v) To prevent disclosure of law enforcement techniques and procedures; and (vi) To avoid endangering the life or physical safety of confidential sources and law enforcement personnel. (2) Personnel Investigative Records. The records contained in the system of records titled “Personnel Investigative Records” (FHFB–5) are exempt: (i) To fulfill commitments made to protect the confidentiality of sources; and (ii) To assure access to sources of confidential information, including those contained in federal, state and local criminal law enforcement information systems. [68 FR 39812, July 3, 2003, as amended at 68 FR 59309, Oct. 15, 2003]
Title 12: Banks and Banking
PART 913—PRIVACY ACT REGULATION
Section Contents
§ 913.1 Definitions.
§ 913.2 Purpose and scope.
§ 913.3 How do I make a request under the Privacy Act?
§ 913.4 How will the Finance Board respond to your Privacy Act request?
§ 913.5 What can I do if I am dissatisfied with the Finance Board's response to my Privacy Act request?
§ 913.6 Fees.
§ 913.7 Exemptions.
§ 913.1 Definitions.
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§ 913.2 Purpose and scope.
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§ 913.3 How do I make a request under the Privacy Act?
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§ 913.4 How will the Finance Board respond to your Privacy Act request?
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§ 913.5 What can I do if I am dissatisfied with the Finance Board's response to my Privacy Act request?
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§ 913.6 Fees.
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§ 913.7 Exemptions.
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