[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: 10CFR1008.9]

[Page 639-640]
 
                            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. 1008.9  Action in response to a request for access: initial denial of access.

    (a) A request by an individual for information about or access to a 
record or information pertaining to that individual that is contained in 
a system of records may be denied only upon a determination by the 
appropriate System Manager, with the concurrence of the appropriate 
General Counsel, that:
    (1) The record is subject to an exemption under Sec. 1008.12;

[[Page 640]]

    (2) The record is information compiled in reasonable anticipation of 
a civil action or proceeding; or
    (3) The individual has unreasonably failed to comply with the 
procedural requirements of this part.
    (b) The Privacy Act Officer shall give written notice of the denial 
of a request of information about or access to records or information 
pertaining to the individual and contained in a system of records. Such 
written notice shall be sent by certified or registered mail, return 
receipt requested and shall include the following information:
    (1) The System Manager's name and title;
    (2) The reasons for the denial, including citation to the 
appropriate sections of the Privacy Act and this part; and
    (3) Notification of the individual's right to appeal the denial 
pursuant to Sec. 1008.11 and to administrative and judicial review under 
5 U.S.C. 552a(g)(1)(B), as limited by 552a(g)(5).
    (c) Nothing in this section shall:
    (1) Require the furnishing of information or records that are not 
retrieved by the name or by some other identifying number, symbol or 
identifying particular of the individual making the request;
    (2) Prevent a System Manager from waiving any exemption authorizing 
the denial of records, in accordance with Sec. 1008.12.