[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-64.301-4]

[Page 465]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-64_REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974
--Table of Contents
 
              Subpart 105-64.3_Individual Access to Records
 
Sec. 105-64.301-4  Denials of access.

    (a) A manager may deny access to a record only if the information is 
being compiled in reasonable acticipation of a civil action or 
proceeding as provided under 5 U.S.C. 552(d)(5) or if rules published in 
the Federal Register state that it is in a system of records that may 
not be disclosed. These systems are described in Subpart 105-64.6.
    (b) If a manager receives a request for access to a record in an 
exempt system of record, he or she should forward it to the Head of the 
Service or Staff Office or Regional Administrator, attaching an 
explanation and recommending the request be denied or granted.
    (c) If the manager is the Head of a Service or Staff Office or a 
Regional Administrator, he or she retains the responsibility for 
granting or denying the request.
    (d) The head of the Service or Staff Office or Regional 
Administrator, in consultation with legal counsel and other officials 
concerned, should decide whether the requested record is exempt from 
disclosure and,
    (1) If the record is not exempt, notify the system manager to grant 
the request under Sec. 105-64.301-3; or
    (2) If the record is part of an exempt system he or she should:
    (i) Notify the requester that the request is denied, explain why it 
is denied, and inform the requester of his or her right to have GSA 
review the decision; or
    (ii) Notify the manager to make the record available under Sec. 
105-64.301-3, even though it is in an exempted system.
    (e) A copy of any denial of a request should be sent to the GSA 
Privacy Act Officer (ATRAI).