[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR297.105]

[Page 109-110]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 297--PRIVACY PROCEDURES FOR PERSONNEL RECORDS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 297.105  Agency and Office responsibilities for systems of records and applicability of the regulations.

    (a) These regulations apply to processing requests from both current 
and former Office employees for records contained in internal, central, 
and Governmentwide systems of records managed by the Office.
    (b) Agencies are solely and totally responsible for processing 
requests regarding records maintained in their internal systems of 
records. Agency regulations, and not these Office regulations, govern 
the implementation of the Privacy Act for agency internal systems; there 
is no right of appeal to the Office from an agency's determination 
regarding its internal agency records.
    (c) For records maintained in the Office's central systems of 
records, the data subject should contact the appropriate Office system 
manager concerning Privacy Act matters. These regulations will apply to 
inquiries regarding records located in the central systems of records.
    (d) For records maintained within the Office's Governmentwide 
systems of records, each agency is responsible, unless specifically 
excepted by the Office, for responding to initial Privacy Act access and 
amendment requests from its own current employees. For records in Office 
Governmentwide systems, including those in Official Personnel Folders, 
Employee Performance Folders, and Employee Medical Folders, the Office 
is responsible for responding to initial Privacy Act access and 
amendment requests from former Federal employees.
    (e) The procedures in this part apply to all such requests. The 
procedures in this part also apply to appeals from an agency initial 
determination regarding access to or amendment of records contained in 
the Office's Governmentwide systems of records.
    (f) The Office follows the procedures in this part when--
    (1) Processing initial requests regarding access to or amendment of 
records by its own employees and others that the Office is maintaining 
information on in its systems of records, including requests from former 
employees of an agency whose records properly reside

[[Page 110]]

in an Office Governmentwide system of records.
    (2) Processing Privacy Act appeals regarding access to and amendment 
of records generated by another Federal agency, but which are contained 
in the Office's Governmentwide systems of records, after an agency has 
issued the initial decision.
    (3) Processing initial requests and appeals concerning access to and 
amendment of records contained in the central systems of records.
    (g) For requests concerning records and material of another agency 
that are in the custody of the Office, but not under its control or 
ownership, the Office reserves the right to either refer the request to 
the agency primarily responsible for the material or to notify the 
individual of the proper agency that should be contacted.