[Federal Register Volume 72, Number 192 (Thursday, October 4, 2007)]
[Rules and Regulations]
[Pages 56617-56618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19571]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 72, No. 192 / Thursday, October 4, 2007 /
Rules and Regulations
[[Page 56617]]
OFFICE OF SPECIAL COUNSEL
5 CFR Part 1830
Privacy Act of 1974; Implementation
AGENCY: Office of Special Counsel.
ACTION: Final rule.
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SUMMARY: The U.S. Office of Special Counsel (OSC) is publishing notice
of the final rule revising its regulations dealing with the agency's
implementation of the Privacy Act, at 5 U.S.C. 552a. The regulation, as
revised, provides additional information about access to OSC records
under the Privacy Act.
DATES: This rule is effective on October 4, 2007.
FOR FURTHER INFORMATION CONTACT: Kathryn Stackhouse, General Law
Counsel, in writing at: U.S. Office of Special Counsel, Legal Counsel
and Policy Division, 1730 M Street, N.W., Suite 218, Washington, DC
20036-4505; by telephone at (202) 254-3690; or by facsimile at (202)
653-5151.
SUPPLEMENTARY INFORMATION: OSC published notice of proposed revisions
to its regulations at 5 C.F.R. Part 1830, dealing with the agency's
implementation of the Privacy Act, at 5 U.S.C. 552a, with a request for
comments and a description of the proposed revisions, in the Federal
Register on August 14, 2007 (72 FR 45388). The regulation, as revised:
(1) modifies and updates contact information for requests and appeals
to OSC, adding fax delivery as a means by which they may be sent, and
specifies the OSC point of receipt for such matters; (2) modifies the
description of information needed for effective processing of requests
and appeals; (3) revises the description of proof of identity
information needed by OSC (including by deletion of the requirement
that all requests must include a date and place of birth and a Social
Security number, while retaining the option for OSC to request some or
all of that data if needed to confirm a requester's identity); (4)
clarifies that Privacy Act requests for records may also be processed
under the Freedom of Information Act; (5) extends the appeal period for
requests and revises the description of the response time for appeals;
(6) clarifies that exempt material in OSC case files includes all
matters within OSC's jurisdiction (including alleged violations of the
Uniformed Services Employment and Reemployment Rights Act) and
information included in background investigations conducted for OSC
employees and others; (7) adds two new sections (on general provisions
and other rights and services), moves updated information about fees to
a new section, and revises section headings throughout the regulation.
OSC is submitting a report on this final rule to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act.
Procedural determinations were published in the notice of proposed
rulemaking for the Congressional Review Act, Regulatory Flexibility
Act, Unfunded Mandates Reform Act, Paperwork Reduction Act, Executive
Order 12866 (Regulatory Planning and Review), Executive Order 13132
(Federalism), and Executive Order 12988 (Civil Justice Reform). There
have been no changes in these procedural determinations.
List of Subjects in 5 CFR Part 1830
Administrative practice and procedure, Government employees,
Privacy.
0
For the reasons stated in the preamble, OSC is revising 5 CFR Part 1830
to read as follows:
PART 1830--PRIVACY
Sec.
1830.1 General provisions.
1830.2 Requirements for making Privacy Act requests.
1830.3 Medical records.
1830.4 Requirements for requesting amendment of records.
1830.5 Appeals.
1830.6 Exemptions.
1830.7 Fees.
1830.8 Other rights and services.
Authority: 5 U.S.C. 552a(f), 1212(e).
Sec. 1830.1 General provisions.
This part contains rules and procedures followed by the Office of
Special Counsel (OSC) in processing requests for records under the
Privacy Act (PA), at 5 U.S.C. 552a. Further information about access to
OSC records generally is available on the agency's web site (http://www.osc.gov/foia.htm ).
Sec. 1830.2 Requirements for making Privacy Act requests.
(a) How made and addressed. A request for OSC records under the
Privacy Act should be made by writing to the agency. The request should
be sent by regular mail addressed to: Privacy Act Officer, U.S. Office
of Special Counsel, 1730 M Street, N.W. (Suite 218), Washington, DC
20036-4505. Such requests may also be faxed to the Privacy Act Officer
at the number provided on the FOIA/PA page of OSC's web site (see
1830.1). For the quickest handling, both the request letter and
envelope or any fax cover sheet should be clearly marked ``Privacy Act
Request.'' A Privacy Act request may also be delivered in person at
OSC's headquarters office in Washington, DC. Whether sent by mail or by
fax, or delivered in person, a Privacy Act request will not be
considered to have been received by OSC until it reaches the Privacy
Act Officer.
(b) Description of records sought. Requesters must describe the
records sought in enough detail for them to be located with a
reasonable amount of effort. Whenever possible, requests should
describe any particular record sought, such as the date, title or name,
author, recipient, and subject matter.
(c) Proof of identity. Requests received by mail, fax, or personal
delivery should contain sufficient information to enable OSC to
determine that the requester and the subject of the record are one and
the same. To assist in this process, an individual should submit his or
her name and home address, business title and address, and any other
known identifying information such as an agency file number or
identification number, a description of the circumstances under which
the records were compiled, and any other information deemed necessary
by OSC to properly process the request. An individual delivering a
request in person may be required to present proof of identity,
preferably a government-
[[Page 56618]]
issued document bearing the individual's photograph.
(d) Freedom of Information Act processing. OSC also processes all
Privacy Act requests for access to records under the Freedom of
Information Act, 5 U.S.C. 552, following the rules contained in part
1820 of this chapter, which gives requesters the benefit of both
statutes.
Sec. 1830.3 Medical records.
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 by OSC, 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.
Sec. 1830.4 Requirements for requesting amendment of records.
(a) How made and addressed. Individuals may request amendment of
records pertaining to them that are subject to amendment under the
Privacy Act and this part. The request should be sent by regular mail
addressed to: Privacy Act Officer, U.S. Office of Special Counsel, 1730
M Street, N.W. (Suite 218), Washington, DC 20036-4505. Such requests
may also be faxed to the Privacy Act Officer at the number provided on
the FOIA/PA page of OSC's web site (see 1830.1). For the quickest
handling, both the request letter and envelope or any fax cover sheet
should be clearly marked ``Privacy Act Amendment Request.'' Whether
sent by mail or by fax, a Privacy Act amendment request will not be
considered to have been received by OSC until it reaches the Privacy
Act Officer. A Privacy Act amendment request may also be delivered by
person at OSC's headquarters office in Washington, DC.
(b) Description of amendment sought. 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. Requesters must describe the amendment sought
in enough detail for the request to be evaluated.
(c) Proof of identity. Rules and procedures set forth in 1830.2(c)
apply to requests made under this section.
(d) Acknowledgement and response. Requests for amendment shall be
acknowledged by OSC not later than 10 days (excluding Saturdays,
Sundays, and legal holidays) after receipt by the Privacy Act Officer
and a determination on the request shall be made promptly.
Sec. 1830.5 Appeals.
(a) Appeals of adverse determinations. A requester may appeal a
denial of a Privacy Act request for access to or amendment of records
to the Legal Counsel and Policy Division, U.S. Office of Special
Counsel, 1730 M Street, N.W. (Suite 218), Washington, DC 20036-4505.
The appeal must be in writing, and sent by regular mail or by fax. The
appeal must be received by the Legal Counsel and Policy Division within
45 days of the date of the letter denying the request. For the quickest
possible handling, the appeal letter and envelope or any fax cover
sheet should be clearly marked ``Privacy Act Appeal.'' An appeal will
not be considered to have been received by OSC until it reaches the
Legal Counsel and Policy Division. The appeal letter may include as
much or as little related information as the requester wishes, as long
as it clearly identifies the OSC determination (including the assigned
request number, if known) being appealed. An appeal ordinarily will not
be acted on if the request becomes a matter of litigation.
(b) Responses to appeals. The agency decision on an appeal will be
made in writing. A final determination will be issued within 30 days
(excluding Saturdays, Sundays, and legal holidays), unless, for good
cause shown, OSC extends the 30-day period.
Sec. 1830.6 Exemptions.
OSC 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 in prohibited personnel practice, unlawful
political activity, whistleblower disclosure, Uniformed Services
Employment and Reemployment Rights Act, and other matters under OSC's
jurisdiction, and to protect identities of confidential sources of
information, including in background investigations of OSC employees,
contractors, and other individuals conducted by or for OSC. 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. OSC 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. OSC may
also refuse access to any information compiled in reasonable
anticipation of a civil action or proceeding.
Sec. 1830.7 Fees.
Requests for copies of records shall be subject to duplication fees
set forth in part 1820 of this chapter.
Sec. 1830.8 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.
Dated: September 28, 2007
James Byrne,
Deputy Special Counsel.
[FR Doc. E7-19571 Filed 10-3-07; 8:45 am]
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