[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-64.301-5]

[Page 304]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-64--REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974--Table of Contents
 
             Subpart 105-64.3--Individual Access to Records
 
Sec. 105-64.301-5  Appeal of denial of access within GSA.

    (a) A requester who is denied access, in whole or in part, to 
records pertaining to him or her may file an administrative appeal. 
Appeals should be addressed to the GSA Privacy Act Officer, General 
Services Administration (ATRAI), Washington, DC 20405, regardless 
whether the denial was made by a Central Office or a regional official.
    (b) Each appeal to the Privacy Act Officer must be in writing. The 
appeal should be marked Privacy Act-Access Appeal, on the face of the 
letter and on the envelope.
    (c) On receiving an appeal, the Privacy Act Officer consults with 
the manager, the official who made the denial, legal counsel, and other 
officials concerned. If the Privacy Act Officer, after consultation, 
decides to grant the request, he or she notifies the manager in writing 
to grant access to the record under Sec. 105-64.301-3, or grants access 
himself or herself and notifies the requester of that action.
    (d) If the Privacy Act Officer decides the appeal should be 
rejected, he or she sends the request file and any appeal, with a 
recommendation, to the Deputy Administrator for a final administrative 
decision.
    (e) If the Deputy Administrator decides to grant a request, he or 
she promptly instructs the system manager in writing to grant access to 
the record under Sec. 105-64.301-3. The Deputy Administrator sends a 
copy of the instructions to the Privacy Act Officer, who notifies the 
requester.
    (f) If the Deputy Administrator rejects an appeal, he or she should 
promptly notify the requester in writing. This action constitutes the 
final administrative decision on the request and should state:
    (1) The reason for rejecting the appeal; and
    (2) That the requester has the right to have a court review the 
final decision under Sec. 105-64.408.
    (g) The final decision must be made within 30 workdays from the date 
the appeal is received by the Privacy Act Officer. The Deputy 
Administrator may extend the time limit by notifying the requester in 
writing before the 30 days are up. The Deputy Administrator's letter 
should explain why the time was extended.