[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.27]

[Page 23-24]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
             Subpart C--Requests for Records under the FOIA
 
Sec. 2.27  How will a bureau handle a request for information that is contained in a Privacy Act system of records? (See DOI's Privacy Act regulations (Subpart 
          G of this part) for additional information.)

    (a) When you request information pertaining to yourself that is 
contained in a Privacy Act system of records applicable to you (i.e., 
the information contained in the system of records is retrieved by the 
bureau using your name or other personal identifier), the request will 
be processed under both the FOIA and the Privacy Act. If you request 
information about yourself, you must submit certain identifying 
information, usually an original signature (see the appropriate Privacy 
Act system notice and, Subpart G of this part) before the bureau will 
process your request. (Note: If you request information about yourself 
that is not covered by the Privacy Act, e.g., the information may be 
filed under another

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subject, such as an organization, activity, event, or an investigation 
not retrievable by a name or personal identifier, the request will be 
treated only as a FOIA request.)
    (b) The Privacy Act never prohibits disclosure of material that the 
FOIA requires to be released. Both a Privacy Act and a FOIA exemption 
must apply to withhold information from you if the information you seek 
is contained in a Privacy Act system of records applicable to you.
    (c) Sometimes a request for Privacy Act information is submitted by 
a ``third party'' (an individual other than the person who is the 
subject of the Privacy Act record). If you request Privacy Act 
information about another individual, the material will not be disclosed 
without prior written approval by that individual unless--
    (1) The release is provided for under one of the Privacy Act 
conditions of disclosure (5 U.S.C. 552a(b)), one of which is that 
Privacy Act information is releasable if it is required to be released 
under the FOIA, or
    (2) In most circumstances, if the individual is deceased. See 
Sec. 2.8(d)(4).
    (d) In handling a request covered by paragraph (a) of this section, 
the fee provisions and time limits under the FOIA will apply, except 
that with regard to information that is subject to the Privacy Act, the 
bureau will charge only for duplication and not for search and review 
time (see Appendix C to this part). There will be no charge if the fee 
for processing the request is $30 or less.