[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: 15CFR2005.5]

[Page 441]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
 
PART 2005_SAFEGUARDING INDIVIDUAL PRIVACY--Table of Contents
 
Sec. 2005.5  Requests to amend records.

    (a) Requirement for written requests. Individuals desiring to amend 
a record that pertains to them in a system of records maintained by STR 
must submit their request in writing in accordance with the procedures 
set forth herein unless this requirement is waived by the official 
having responsibility for the system of records. Records not subject to 
the Privacy Act of 1974 will not be amended in accordance with these 
provisions. However, individuals who believe that such records are 
inaccurate may bring this to the attention of STR.
    (b) Procedures. (1)(i) The request to amend a record in a system of 
records shall be addressed to the Administrative Officer. Included in 
the request shall be the name of the system and a brief description of 
the record proposed for amendment. In the event the request to amend the 
record is the result of the individual's having gained access to the 
record in accordance with the provisions concerning access to records as 
set forth above, copies of previous correspondence between the 
individual and STR will serve in lieu of a separate description of the 
record.
    (ii) When the individual's identity has been previously verified 
pursuant to Sec. 2005.2(b)(2)(vi) herein, further verification of 
identity is not required as long as the communication does not suggest 
that a need for verification has reappeared. If the individual's 
identity has not been previously verified, STR may require 
identification validation as described in Sec. 2005.2(b)(2)(vi). 
Individuals desiring assistance in the preparation of a request to amend 
a record should contact the Administrative Officer at the address cited 
above.
    (iii) The exact portion of the record the individual seeks to have 
amended should be clearly indicated. If possible, the proposed 
alternative language should also be set forth, or at a minimum, the 
facts which the individual believes are not accurate, relevant, timely, 
or complete should be set forth with such particularity as to permit STR 
not only to understand the individual's basis for the request, but also 
to make an appropriate amendment to the record.
    (iv) The request must also set forth the reasons why the individual 
believes his record is not accurate, relevant, timely, or complete. In 
order to avoid the retention by STR of personal information merely to 
permit verification of records, the burden of persuading STR to amend a 
record will be upon the individual. The individual must furnish 
sufficient facts to persuade the official in charge of the system of the 
inaccuracy, irrelevancy, untimeliness, or incompleteness of the record.
    (2) STR action on the request. To the extent possible, a decision 
upon a request to amend a record will be made within 10 days, excluding 
Saturdays, Sundays, and legal Federal holidays. In the event a decision 
cannot be made within this time frame, the individual making the request 
will be informed within 10 days of the expected date for a decision. The 
decision upon a request for amendment will include the following:
    (i) The decision of the STR whether to grant in whole, or deny any 
part of the request to amend the record.
    (ii) The reasons for the determination for any portion of the 
request which is denied.
    (iii) The name and address of the official with whom an appeal of 
the denial may be lodged.
    (iv) The name and address of the official designated to assist, as 
necessary, and upon request of, the individual making the request in the 
preparation of the appeal.
    (v) A description of the review of the appeal within STR (see Sec. 
2005.6).
    (vi) A description of any other procedures which may be required of 
the individual in order to process the appeal.