[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.114]

[Page 28-29]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                    Subpart G_Privacy Act Regulations
 
Sec. 1.114  Disclosure of requested information to individuals.

    (a) Any agency which receives a request or appeal under Sec. 1.112 
should acknowledge the request or appeal within 10 days of its receipt 
(excluding Saturdays, Sundays, and legal public holidays). Wherever 
practicable, the acknowledgment should indicate whether or not access 
will be granted and, if so, when and where. When access is to be 
granted, the agency should provide the access within 30 days of receipt 
of the request or appeal (excluding Saturdays, Sundays and legal public 
holidays) unless, for good cause shown, it is unable to do so. If the 
agency is unable to meet this deadline, it shall inform the requester of 
this fact, the reasons for its inability to do so, and an estimate of 
the date on which access will be granted.
    (b) Nothing in 5 U.S.C. 552a or this subpart shall be interpreted to 
require that an individual making a request under Sec. 1.112 be granted 
access to the physical record itself. The form in which a record is kept 
(e.g., on magnetic tape), or the content of the record (e.g., a record 
indexed under the name of the requester may contain records which are 
not about the requester) may require that the record be edited or 
translated in some manner. Neither of these procedures may be utilized, 
however, to withhold information in a record about the requester.
    (c) No agency shall deny any request under Sec. 1.112 for 
information concerning the existence of records about the requester in 
any system of records it maintains, or deny any request for access to 
records about the requester in any system of records it maintains, 
unless that system is exempted from the requirements of 5 U.S.C. 552a(d) 
in Sec. 1.123.
    (d) If any agency receives a request pursuant to Sec. 1.112(a) for 
access to records in a system of records it maintains which is so 
exempted, the system manager shall determine if the exemption is to be 
asserted. If the system

[[Page 29]]

manager determines to deny the request, the system manager shall inform 
the requester of that determination, the reason for the determination, 
and the title and address of the agency head to whom the denial can be 
appealed.
    (e) If the head of an agency determines that an appeal pursuant to 
Sec. 1.112(b) is to be denied, the head of the agency shall inform the 
requester of that determination, the reason for the determination, and 
the requester's right under 5 U.S.C. 552a(g) to seek judicial review of 
the denial in Federal district court.
    (f) Nothing in 5 U.S.C. 552a or this subpart shall allow an 
individual access to any information compiled in reasonable anticipation 
of a civil action or proceeding.

[40 FR 39519, Aug. 28, 1975, as amended at 62 FR 33981, June 24, 1997]