[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.32]

[Page 715-716]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
                    Subpart D_Privacy Act Provisions
 
Sec. 171.32  Request for access to records.

    (a) Description of records sought. All requests for access to a 
record must reasonably describe the System of Records and the 
individual's record within the system in sufficient detail to permit 
identification of the requested record. At a minimum, requests should 
include the individual's full name (including maiden name, if 
appropriate) and any other names used, present mailing address and ZIP 
Code, date and place of birth, and any other information that might help 
in identifying the record. Helpful data includes the approximate time 
period of the record and the circumstances that give the individual 
reason to believe that the Department of State maintains a record under 
the individual's name or personal identifier. In certain instances, it 
may be necessary for the Department to request additional information 
from the requester, either to ensure a full search, or to ensure that a 
record retrieved does in fact pertain to the individual.

[[Page 716]]

    (b) Verification of personal identity. The Department will require 
reasonable identification of individuals requesting records under the 
Privacy Act to ensure that records are disclosed only to the proper 
persons. Requesters must state their full name, current address, date 
and place of birth, and, at the requester's option, social security 
number. The request must be signed, and the requester's signature must 
be either notarized or submitted under penalty of perjury (28 U.S.C. 
1746) as a substitute for notarization. If the requester seeks records 
under another name the requester has used, a statement, under penalty of 
perjury, that the requester has also used the other name must be 
included.
    (c) Third party access. The Department shall allow third party 
access to records under certain conditions:
    (1) Parents. Upon presentation of documentation of the parental 
relationship, a parent of a minor (an unmarried person under the age of 
18) may, on behalf of the minor, request records pertaining to the minor 
and the Department may, in its discretion, disclose such records to the 
parent to the extent determined by the Department to be appropriate in 
the circumstances of the case. In any case, minors may request such 
records on their own behalf.
    (2) Guardians. A guardian of a minor or of an individual who has 
been declared by a court to be incompetent may act for and on behalf of 
the minor or the incompetent individual upon presentation of appropriate 
documentation of the guardian relationship.
    (3) Authorized representatives or designees. When an individual 
wishes to authorize another person or persons access to his or her 
records, the individual shall submit, in addition to the identifying 
information described in paragraph (b) of this section, a signed 
statement, either notarized or made under penalty of perjury, 
authorizing and consenting to access by a designated person or persons. 
Such requests shall be processed under the FOIA (see Sec. 171.12).
    (d) Records relating to civil actions. Nothing in this subpart 
entitles an individual to access to any information compiled in 
reasonable anticipation of a civil action or proceeding.
    (e) Time limits. The Department will acknowledge the request 
promptly and furnish the requested information as soon as possible 
thereafter.
    (f) Information on amending records. At the time the Department 
grants access to a record, it will also furnish guidelines for 
requesting amendment of a record. These guidelines may also be obtained 
by writing to the Information and Privacy Coordinator at the address 
given in Sec. 171.5. The guidelines are also available in the reading 
room described in Sec. 171.3 and in the electronic reading room 
described in Sec. 171.4.