[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-64.406]

[Page 432-433]
 
           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 105-64.4--Requests To Amend Records
 
Sec. 105-64.406  Appeal of denial of request to amend a record.

    (a) A requester who is denied a request to amend a record may appeal 
the denial. The appeal should be sent to the General Services 
Administration, Privacy Act Officer (ATRAI), Washington, DC 20405. If 
the request involves a record in a GSA employee's official personnel 
folder, as described in Chapter 293 of the Federal Personnel Manual, the 
appeal should be addressed to the Director, Bureau of Manpower 
Information Systems, Office of Personnel Management, Washington, DC 
20415.
    (b) The appeal to the Privacy Act Officer must be in writing and be 
received within 30 calendar days after the requester receives the letter 
stating the request was denied. It should be marked ``Privacy Act--
Appeal,'' both on the front of the letter and the envelope.
    (c) On receiving an appeal, the Privacy Act Officer should consult 
with the manager, the official who made the denial, legal counsel, and 
other officials involved. If the Privacy Act Officer, after consulting 
with these officials, decides that the record should be amended as 
requested, he or she must promptly inform the manager to amend it under 
Sec. 105-64.403 and shall notify the requester.
    (d) If the Privacy Act Officer, after consulting with the officials 
listed in the above paragraph, decides to reject an appeal, he or she 
should send the file, with a recommendation, to the Deputy Administrator 
for a final administrative decision.
    (e) If the Deputy Administrator decides to change the record, he or 
she should promptly instruct the manager in writing to amend it under 
Sec. 105-64.403 and send a copy of the instruction to the Privacy Act 
Officer, who shall notify the requester.
    (f) If the Deputy Administrator rejects an appeal, he or she should

[[Page 433]]

promptly notify the requester in writing. This is the final 
administrative decision on the request and should include:
    (1) Why the appeal is rejected;
    (2) Alternate amendments that the requester may accept under Sec. 
105-64.405;
    (3) Notice of the requester's right to file a Statement of 
Disagreement that must be distributed under Sec. 105-64.407; and
    (4) Notice of requester's right to seek court review of the final 
administrative decision under Sec. 105-64.408.
    (g) The final agency decision must be made within 30 workdays from 
the date the Privacy Act Officer receives the appeal. In unusual 
circumstances, the Deputy Administrator may extend this time limit by 
notifying the requester in writing before the 30 days are up. The notice 
should explain why the limit was extended.