[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1611.9]

[Page 256-257]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1611_PRIVACY ACT REGULATIONS--Table of Contents
 
Sec. 1611.9  Appeal of initial adverse agency determination on correction 
or amendment.

    (a) If a request for correction or amendment of a record in a system 
of records established by EEOC is denied, the requester may appeal the 
determination in writing to the Legal Counsel, EEOC, 1801 L Street, NW., 
Washington, DC 20507. If the request pertains to a record that is 
contained in the government-wide systems of records listed in Sec. 
1611.5(c), an appeal must be made in accordance with the appropriate 
agency's regulations cited in that paragraph.
    (b) The Legal Counsel or the Legal Counsel's designee shall make a 
final determination with regard to an appeal submitted under paragraph 
(a) of this section not later than 30 working days from the date on 
which the individual requests a review, unless for good cause shown, 
this 30-day period is extended and the requester is notified of the 
reasons for the extension and of the estimated date on which a final 
determination will be made. Such extensions will be used only in 
exceptional circumstances and will not normally exceed 30 working days.
    (c) In conducting the review of an appeal submitted under paragraph 
(a) of this section, the Legal Counsel or the Legal Counsel's designee 
shall be guided by the requirements of 5 U.S.C. 552a(e).
    (d) If the Legal Counsel or the Legal Counsel's designee determines 
to grant all or any portion of a request on an appeal submitted under 
paragraph (a) of this section, he or she shall so inform the requester, 
and the appropriate Commission official shall comply with the procedures 
set forth in Sec. 1611.8(a)(1)(ii) and (iii).
    (e) If the Legal Counsel or the Legal Counsel's designee determines 
in accordance with paragraphs (b) and (c) of this section not to grant 
all or any portion of a request on an appeal submitted under paragraph 
(a) of this section, he or she shall inform the requester:
    (1) Of this determination and the reasons for it;
    (2) Of the requester's right to file a concise statement of reasons 
for disagreement with the determination of the Legal Counsel or the 
Legal Counsel's designee;
    (3) That such statements of disagreement will be made available to 
anyone to whom the record is subsequently disclosed, together with (if 
the Legal Counsel or Legal Counsel's designee deems it appropriate) a 
brief statement summarizing the Legal Counsel or Legal Counsel's 
designee's reasons for refusing to amend the record;
    (4) That prior recipients of the disputed record will be provided 
with a copy of the statement of disagreement together with (if the Legal 
Counsel or Legal Counsel's designee deems it appropriate) a brief 
statement of the Legal Counsel or Legal Counsel's designee's reasons for 
refusing to amend the record, to the extent that an accounting of 
disclosure is maintained under 5 U.S.C. 552a(c); and
    (5) Of the requester's right to file a civil action in Federal 
district court to

[[Page 257]]

seek a review of the determination of the Legal Counsel or the Legal 
Counsel's designee in accordance with 5 U.S.C. 552a(g).
    (f) The Legal Counsel or the Legal Counsel's designee shall ensure 
that any statements of disagreement submitted by a requestor are made 
available or distributed in accordance with paragraphs (e) (3) and (4) 
of this section.

[56 FR 29582, June 28, 1991]