[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR266.4]

[Page 135-136]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 266--PRIVACY OF INFORMATION--Table of Contents
 
Sec. 266.4  Collection and disclosure of information about individuals.

    (a) The following rules govern the collection of information about 
individuals throughout Postal Service operations;
    (1) The Postal Service will:
    (i) Collect, solicit and maintain only such information about an 
individual as is relevant and necessary to accomplish a purpose required 
by statute or Executive Order,
    (ii) Collect information, to the greatest extent practicable, 
directly from the subject individual when such information may result in 
adverse determinations about an individual's rights, benefits or 
privileges,
    (iii) Inform any individual who has been asked to furnish 
information about himself whether that disclosure is mandatory or 
voluntary, by what authority it is being solicited, the principal 
purposes for which it is intended to be used, the routine uses which may 
be made of it, and any penalties and specific consequences for the 
individual, which are known to the Postal Service, which will result 
from refusal to furnish it.
    (2) The Postal Service will not discriminate against any individual 
who fails to provide information about himself unless that information 
is required or necessary for the conduct of the system or program in 
which the individual desires to participate.
    (3) No information will be collected (or maintained) describing how 
individuals exercise rights guaranteed by the First Amendment unless the 
Postmaster General specifically determines that such information is 
relevant and necessary to carry out a statutory purpose of the Postal 
Service.
    (4) The Postal Service will not require individuals to furnish their 
Social Security account number or deny a right, privilege or benefit 
because of an individual's refusal to furnish the number unless it must 
be provided by Federal law.
    (b) Disclosures--(1) Disclosure: Limitations On. The Postal Service 
will not disseminate information about an individual unless reasonable 
efforts have been made to assure that the information is accurate, 
complete, timely and relevant and unless:
    (i) The individual to whom the record pertains has requested in 
writing that the information be disseminated, or
    (ii) It has obtained the prior written consent of the individual to 
whom the record pertains, or
    (iii) The dissemination is in accordance with paragraph (b)(2) of 
this section.
    (2) Dissemination of personal information may be made:
    (i) To a person pursuant to a requirement of the Freedom of 
Information Act (5 U.S.C. 552);
    (ii) To those officers and employees of the Postal Service who have 
a need for such information in the performance of their duties;
    (iii) For a routine use as contained in the system notices published 
in the Federal Register;
    (iv) To a recipient who has provided advance adequate written 
assurance that the information will be used solely as a statistical 
reporting or research record, and to whom the information is transferred 
in a form that is not individually identifiable;
    (v) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
title 13, U.S.C.;
    (vi) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the U.S. Government, or for evaluation by the 
Administrator of General Services or his designee to determine whether 
the record has such value;
    (vii) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual, if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (viii) To a federal agency or to an instrumentality of any 
governmental jurisdiction within or under the control of the United 
States for a civil or criminal law enforcement activity, if such 
activity is authorized by law and if the head of the agency or 
instrumentality has made a written request to the Postal Service 
specifying the particular portion of the record desired and the law 
enforcement activity for which the record is sought;

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    (ix) To either House of Congress or its committees or subcommittees 
to the extent of matter within their jurisdiction;
    (x) To the Comptroller General or any of his authorized 
representatives in the course of the performance of the duties of the 
General Accounting Office;
    (xi) Pursuant to the order of a court of competent jurisdiction.
    (3) Names and Addresses of Postal Customers. The disclosure of lists 
of names or addresses of Postal customers or other persons to the public 
is prohibited (39 U.S.C. 412). Names or addresses will be disclosed only 
in those cases permitted by 39 CFR 265.6(d) relating to the Release of 
Information.
    (4) Employee Credit References. A credit bureau or commercial firm 
from which an employee is seeking credit may be given the following 
information upon request: grade, duty status, length of service, job 
title, and salary.
    (5) Employee Job References. Prospective employers of a postal 
employee or a former postal employee may be furnished with the 
information in paragraph (b)(4) of this section, in addition to the date 
and the reason for separation, if applicable. The reason for separation 
must be limited to one of the following terms: retired, resigned, or 
separated. Other terms or variations of these terms (e.g., retired--
disability) may not be used. If additional information is desired, the 
requester must submit the written consent of the employee, and an 
accounting of the disclosure must be kept.
    (6) Computer matching purposes. Records from a Postal Service system 
of records may be disclosed to another agency for the purpose of 
conducting a computer matching program or other matching activity as 
defined in paragraphs (c) and (d) of Sec. 262.5, but only after a 
determination by the Data Integrity Board that the procedural 
requirements of the Privacy Act, the guidelines issued by the Office of 
Management and Budget, and these regulations as may be applicable are 
met. These requirements include:
    (i) Routine use. Disclosure is made only when permitted as a routine 
use of the system of records. The Freedom of Information/Privacy Acts 
Officer, determines the applicability of a particular routine use and 
the necessity for adoption of a new routine use.
    (ii) Notice. Publication of new or revised matching programs in the 
Federal Register and advance notice to Congress and the Office of 
Management and Budget must be made pursuant to paragraph (f) of 
Sec. 266.5.
    (iii) Computer matching agreement. The participants in a computer 
matching program must enter into a written agreement specifying the 
terms under which the matching program is to be conducted (see 
Sec. 266.10). The Freedom of Information/Privacy Acts Officer, may 
require that other matching activities be conducted in accordance with a 
written agreement.
    (iv) Data Integrity Board approval. No record from a Postal Service 
system of records may be disclosed for use in a computer matching 
program unless the matching agreement has received approval by the 
Postal Service Data Integrity Board (see Sec. 266.10). Other matching 
activities may, at the discretion of the Freedom of Information/Privacy 
Acts Officer, be submitted for Board approval.
    (c) Correction Disclosure. Any person or other agency to which a 
personal record has been or is to be disclosed shall be informed of any 
corrections or notations of dispute relating thereto affecting the 
accuracy, timeliness or relevance of that personal record.
    (d) Recording of Disclosure. (1) An accurate accounting of each 
disclosure will be kept in all instances except those in which 
disclosure is made to the subject of the record, or to Postal Service 
employees in the performance of their duties or is required by the 
Freedom of Information Act (5 U.S.C. 552).
    (2) The accounting will be maintained for at least five (5) years or 
the life of the record, whichever is longer.
    (3) The accounting will be made available to the individual named in 
the record upon inquiry, except for disclosures made pursuant to 
provision paragraph (b)(2)(viii) of this section relating to law 
enforcement activities.

[40 FR 45723, Oct. 2, 1975, as amended at 45 FR 44272, July 1, 1980; 58 
FR 62036, Nov. 24, 1993; 59 FR 37160, July 21, 1994; 64 FR 41291, July 
30, 1999]

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