[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1014.12]

[Page 35-36]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1014--POLICIES AND PROCEDURES IMPLEMENTING THE PRIVACY ACT OF 1974--Table of Contents
 
Sec. 1014.12  Specific exemptions.

    (a) Injury information. (1) The Bureau of Epidemiology maintains a 
file of Accident Reports (In-Depth Investigations) which are conducted 
on a sample of product related injuries reported to the Commission by 
selected hospital emergency rooms, by consumers through the Commission's 
``Hot-Line'' telephone service and through written consumer complaints 
and by other means such as newspaper reports. The purpose of this record 
system is to compile accident statistics for analyzing the incidence and 
severity of product related injuries.
    (2) Inasmuch as the maintenance of the record system listed in 
paragraph

[[Page 36]]

(a)(1) of this section is authorized by section 5 of the Consumer 
Product Safety Act (15 U.S.C. 2054) and the data are used solely as 
statistical records, the system is exempted from the requirements of the 
Privacy Act relating to making available the accounting of disclosures, 
correction or amendment of the record and the application of these rules 
to the system of records. Specifically, the system is exempt from 5 
U.S.C. 552a(c)(3); (d) (2) and (3); (e)(1); (e)(4) (G), (H) and (I); and 
(f). However, Accident Reports made by Commission employees are 
disclosable in accordance with paragraph (a)(3) of this section.
    (3) Section 25(c) of the Consumer Product Safety Act (15 U.S.C. 
2074(c)) provides that accident or investigation reports made by an 
officer or employee of the Commission shall be made available to the 
public in a manner which will not identify any injured person or any 
person treating him or her, without the consent of the person 
identified. Consequently, an accident or investigation report which 
identifies individuals is available to the injured party or the person 
treating him or her but would not be available for disclosure to a third 
party without the consent of the injured party or person treating him or 
her.
    (4) Since accident or investigation reports are compiled only for 
statistical purposes and are not used in whole or in part in making any 
determination about an individual, they are exempted from the 
requirement to correct or amend a record as provided by subsection 
(d)(2) of the Privacy Act (5 U.S.C. 552a (d)(2)). Exceptions from this 
paragraph, insofar as they relate to amendments or additions, may be 
allowed by the Executive Director.
    (b) Inspector General Investigative Files--CPSC-6. All portions of 
this system of records which fall within 5 U.S.C. 552a(k)(2) 
(investigatory materials compiled for law enforcement purposes) and 5 
U.S.C. 552a(k)(5) (investigatory materials solely compiled for 
suitability determinations) are exempt from 5 U.S.C. 552a(c)(3) 
(mandatory accounting of disclosures); 5 U.S.C. 552a(d) (access by 
individuals to records that pertain to them); 5 U.S.C. 552a(e)(1) 
(requirement to maintain only such information as is relevant and 
necessary to accomplish an authorized agency purpose); 5 U.S.C. 
552a(e)(4)(G) (mandatory procedures to notify individuals of the 
existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H) 
(mandatory procedures to notify individuals how they can obtain access 
to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I) 
(mandatory disclosure of records source categories); and the 
Commission's regulations in 16 CFR part 1014 which implement these 
statutory provisions.
    (c) Enforcement and Litigation Files--CPSC-7. All portions of this 
system of records that fall within 5 U.S.C. 552a(k)(2) (investigatory 
materials compiled for law enforcement purposes) are exempt from 5 
U.S.C. 552a(c)(3) (mandatory accounting of disclosures); 5 U.S.C. 
552a(d) (access by individuals to records that pertain to them); 5 
U.S.C. 552a(e)(1) (requirement to maintain only such information as is 
relevant and necessary to accomplish an authorized agency purpose); 5 
U.S.C. 552a(e)(4)(G) (mandatory procedures to notify individuals of the 
existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H) 
(mandatory procedures to notify individuals how they can obtain access 
to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I) 
(mandatory disclosure of records source categories); and the 
Commission's regulations in 16 CFR part 1014 that implement these 
statutory provisions.

[40 FR 53381, Nov. 18, 1975, as amended at 42 FR 9161, Feb. 15, 1977; 59 
FR 32078, June 22, 1994; 62 FR 48756, Sept. 17, 1997]