[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1008.8]

[Page 638-639]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)--Table of Contents
 
               Subpart B--Requests for Access or Amendment
 
Sec. 1008.8  Action in response to a request for access: disclosure of requested information to subject individuals.

    (a) Consistent with the recommendation of the System Manager and the 
concurrence of the appropriate General Counsel, the Privacy Act Officer 
shall provide to the requesting individual the information about or 
access to a record or information pertaining to the individual contained 
in a system of records, unless the request is being denied in accordance 
with Sec. 1008.9 of this part. The Privacy Act Officer shall notify the 
individual of such determination and provide the following information:
    (1) Whether there is information or a record pertaining to him that 
is contained in a system of records;
    (2) The methods of access as set forth in paragraph (b) of this 
section;
    (3) The place at which the record or information may be inspected;
    (4) The earliest date on which the record or information may be 
inspected and the period of time that the record

[[Page 639]]

or information will remain available for inspection. In no event shall 
the earliest date be later than thirty calendar days from the date of 
notification.
    (5) An indication that copies of the records are enclosed, or the 
estimated date by which a copy of the record could be mailed and the 
estimate of fees that would be charged to provide other than the first 
copy of the record, pursuant to Sec. 1008.13.
    (6) The fact that the individual, if he wishes, may be accompanied 
by another person during the in-person review of the record or 
information, provided that the individual shall first furnish to the 
Privacy Act Officer a written statement authorizing disclosure of that 
individual's record in the accompanying person's presence; and
    (7) Any additional requirements that must be satisfied in order to 
provide information about or to grant access to the requested record or 
information.
    (b) The following methods of access to records or information 
pertaining to an individual and contained in a system of records may be 
available to that individual depending on the circumstances of a 
particular request:
    (1) A copy of the record may be enclosed with the initial response 
in accordance with paragraph (a) of this section;
    (2) Inspection in person may be arranged during the regular business 
hours of the DOE in the office specified by the Privacy Act Officer;
    (3) Transfer of records to a Federal facility more convenient to the 
individual may be arranged, but only if the Privacy Act Officer 
determines that a suitable facility is available, that the individual's 
access can be properly supervised at that facility, and that transmittal 
of the records or information to that facility will not unduly interfere 
with operations of the DOE or involve unreasonable costs, in terms of 
money or manpower; and
    (4) The requested number of copies in addition to the initial copy 
may be mailed at the request of the individual, subject to payment of 
the fees prescribed in Sec. 1008.13.
    (c) If the Privacy Act Officer believes, based upon a recommendation 
of the System Manager and the agency's medical officer, that disclosure 
of medical and/or psychological information directly to an individual 
could have an adverse effect upon that individual, the individual may be 
asked:
    (1) To designate in writing a physician or mental health 
professional to whom he would like the records to be disclosed; or
    (2) To submit a signed statement by his physician or a mental health 
professional indicating that, in his view, disclosure of the requested 
records or information directly to the individual will not have an 
adverse effect upon the individual. If the individual refuses to 
designate a physician or mental health professional, or to submit a 
signed statement from his physician or mental health professional as 
provided in paragraphs (c) (1) and (2) of this section, the request will 
be considered denied, and the appeal rights provided in Sec. 1008.11 
will be available to the individual.
    (d) The Privacy Act Officer shall supply such other information and 
assistance at the time of an individual's review of his record as is 
necessary to make the record intelligible to the individual.
    (e) The DOE will, as required by subsection (d)(1), assure an 
individual's right ``to review his or her record and have a copy made of 
all or any portion thereof in a form comprehensible to him.'' However, 
original records will be made available to individuals only under the 
supervision of the Privacy Act Officer or his designee. Individuals will 
be provided at their request with a copy, but not the original, of 
records pertaining to them.