[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1014.8]

[Page 34-35]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1014--POLICIES AND PROCEDURES IMPLEMENTING THE PRIVACY ACT OF 
1974--Table of Contents
 
Sec.  1014.8  Appeal of initial denial of access, correction or amendment.

    (a) Any individual whose request for access, correction or amendment 
to a record is denied, in whole or in part, may appeal that decision 
within 30 working days to the Chairman, Consumer Product Safety 
Commission, Washington, D.C. 20207.
    (b) The appeal shall be in writing and shall:
    (1) Name the individual making the appeal;

[[Page 35]]

    (2) Identify the record to which access is sought or which is sought 
to be corrected or amended;
    (3) Name or describe the record system in which the record is 
contained;
    (4) Contain a short statement describing the correction of amendment 
sought;
    (5) State the name and location of the Commission official who 
initially denied the correction or amendment; and
    (6) State the date of the initial denial.
    (c) Not later than 30 working days after the date on which the 
appeal is received, the Chairman shall complete a review of the appeal 
and make a final decision thereon. However, for good cause shown, the 
Chairman of the Commission may extend the 30-day period. If the Chairman 
so extends the period, he or she shall promptly notify the individual 
requesting the review that the extension has been made.
    (d) If after review of an appeal request, the Chairman also refuses 
to amend the record or grant access to the record in accordance with the 
request, he or she shall send a written notice to the requester 
containing the following information:
    (1) The decision and the reasons for the decision;
    (2) The right of the requester to institute a civil action in a 
Federal District Court for judicial review of the decision; and
    (3) The right of the requester to file with the Chairman a concise 
statement setting forth the reasons for his or her disagreement with the 
denial of the correction or amendment. A copy of the statement of 
disagreement shall be filed with the record in issue, and the record in 
issue shall be so marked as to indicate that there is a disagreement. 
The system manager shall make the statement of disagreement available to 
prior recipients of the disputed record to the extent that an accounting 
of disclosures was maintained, and to any person to whom the record is 
later disclosed, together with a brief statement, if deemed appropriate, 
of the reasons for denying the requested correction or amendment.

[40 FR 53381, Nov. 18, 1975, as amended at 42 FR 22878, May 5, 1977]