[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR2005.2]

[Page 438-440]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
 
PART 2005_SAFEGUARDING INDIVIDUAL PRIVACY--Table of Contents
 
Sec. 2005.2  Requests for access.

    (a) Requirement for written requests. Individuals desiring to gain 
access to a record pertaining to them in a system of records maintained 
by STR must submit their request in writing in accordance with the 
procedures set forth in paragraph (b) of this section. Individuals who 
are employed by the STR may make their request on a regularly scheduled 
workday (Monday through Friday, excluding legal Federal holidays) 
between the hours of 9 am and 5:30 pm. Such requests for access by 
individuals employed by STR need not be made in writing.
    (b) Procedures--(1) Content of the request. The request for access 
to a record in a system of records shall be addressed to the 
Administrative Officer at the address cited above, and shall

[[Page 439]]

name the system of records or contain a description (as concise as 
possible) of such system of records. The request should state that the 
request is pursuant to the Privacy Act of 1974. In the absence of such a 
statement, if the request is for a record pertaining to the person 
requesting access which is maintained by STR in a system of records, the 
request will be presumed to be made under the Privacy Act of 1974. The 
request should contain necessary information to verify the identity of 
the person requesting access (see paragraph (b)(2)(vi) of this section). 
In addition, such person should include any other information which may 
assist in the rapid identification of the record for which access is 
being requested (e.g. maiden name, dates of employment, etc.) as well as 
any other identifying information contained in and required by the STR 
Notice of Systems of [chyph]Records.
    (i) If the request for access follows a prior request under Sec. 
2005.1, the same identifying information need not be included in the 
request for access if a reference is made to that prior correspondence 
or a copy of the STR response to that request is attached. If the 
individual specifically desires a copy of the record, the request should 
so specify under Sec. 2005.4.
    (2) STR action on request. A request for access will ordinarily be 
answered within 10 days, except when the Administrative Officer 
determines otherwise, in which case the person making the request will 
be informed of the reasons for the delay and an estimated date by which 
the request will be answered. When the request can be answered within 10 
days, it shall include the following:
    (i) A statement that there is a record as request or a statement 
that there is not a record in the systems of records maintained by STR;
    (ii) A statement as to whether access will be granted only by 
providing a copy of the record through the mail; or the address of the 
location and the date and time at which the record may be examined. In 
the event the person requesting access is unable to meet the specified 
date and time, alternative arrangements may be made with the official 
specified in paragraph (b)(1) of this section.
    (iii) A statement, when appropriate, that examination in person will 
be the sole means of granting access only when the Administrative 
Officer has determined that it would not unduly impede the right of 
access of the person making the request.
    (iv) The amount of fees charged, if any (see Sec. Sec. 2005.6 and 
2005.7). (Fees are applicable only to requests for copies);
    (v) The name, title, and telephone number of the STR official having 
operational control over the record; and
    (vi) The documentation required by STR to verify the identity of the 
person making the request. At a minimum, STR verification standards 
include the following:
    (A) Current or former STR Employees. Current or former STR employees 
requesting access to a record pertaining to them in a system of records 
maintained by STR may, in addition to the other requirements of this 
section, and at the sole discretion of the official having operational 
control over the record, have his or her identity verified by visual 
observation. If the current or former STR employee cannot be so 
identified by the official having operational control over the records, 
identification documentation will be required. Employee identification 
cards, annuitant identification, driver licenses, or the ``employee 
copy'' of any official personnel document in the record are examples of 
acceptable identification validation.
    (B) Other than current or former STR employees. Individuals other 
than current or former STR employees requesting access to a record 
pertaining to them in a system of records maintained by STR must produce 
identification documentation of the type described in paragraph 
(b)(2)(vi)(A) of this section, prior to being granted access. The extent 
of the identification documentation required will depend on the type of 
record for which access is requested. In most cases, identification 
verification will be accomplished by the presentation of two forms of 
identification. Any additional requirements will be specified in the 
system notices

[[Page 440]]

published pursuant to 5 U.S.C. 552a(e)(4).
    (C) Access granted by mail. For records to be made accessible by 
mail, the Administrative Officer shall, to the extent possible, 
establish identity by a comparison of signatures in situations where the 
data in the record is not so sensitive that unauthorized access could 
cause harm or embarrassment to the individual to whom they pertain. No 
identification documentation will be required for the disclosure to the 
person making the request of information required to be made available 
to the public by 5 U.S.C. 552. When, in the opinion of the 
Administrative Officer the granting of access through the mail could 
reasonably be expected to result in harm or embarrassment if disclosed 
to a person other than the individual to whom the record pertains, a 
notarized statement of identity or some similar assurance of identity 
will be required.
    (D) Unavailability of identification documentation. If an individual 
is unable to produce adequate identification documentation the 
individual will be required to sign a statement asserting identity and 
acknowledging that knowingly or willfully seeking or obtaining access to 
records about another person under false pretenses may result in a fine 
of up to $5,000. In addition, depending upon the sensitivity of the 
records to which access is sought, the official having operational 
control over the records may require such further reasonable assurances 
as may be considered appropriate; e.g., statements of other individuals 
who can attest to the identity of the person making the request.
    (E) Access by the parent of a minor, or by a legal guardian. A 
parent of a minor, upon presenting suitable personal identification, may 
act on behalf of the minor to gain access to any record pertaining to 
the minor maintained by STR in a system of records. A legal guardian may 
similarly act on behalf of an individual declared to be incompetent due 
to physical or mental incapacity or age by a court of competent 
jurisdiction, upon the presentation of the documents authorizing the 
legal guardian to so act, and upon suitable personal identification of 
the guardian.
    (F) Granting access when accompanied by another individual. When an 
individual requesting access to his or her record in a system of records 
maintained by STR wishes to be accompanied by another individual during 
the course of the examination of the record, the individual making the 
request shall submit to the official having operational control of the 
record, a signed statement authorizing that person access to the record.
    (G) Denial of access for inadequate identification documentation. If 
the official having operation control over the records in a system of 
records maintained by STR determines that an individual seeking access 
has not provided sufficient identification documentation to permit 
access, the official shall consult with the Administrative officer prior 
to finally denying the individual access.
    (vii) Medical records. The records in a system of records which are 
medical records shall be disclosed to the individual to whom they 
pertain in such manner and following such procedures as the 
Administrative Officer shall direct. When STR in consultation with a 
physician, determines that the disclosure of medical information could 
have an adverse effect upon the individual to whom it pertains, STR may 
transmit such information to a physician named by the individual.
    (viii) Exceptions. Nothing in this section shall be construed to 
entitle an individual the right to access to any information compiled in 
reasonable anticipation of a civil action or proceedings.