[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.40]



[Page 285]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

 Subpart D_Protection of Privacy and Access to Individual Records Under 

                         the Privacy Act of 1974

 

Sec. 16.40  General provisions.



    Source: Order No. 2156-98, 63 FR 29600, June 1, 1998, unless 

otherwise noted.





    (a) Purpose and scope. This subpart contains the rules that the 

Department of Justice follows under the Privacy Act of 1974, 5 U.S.C. 

552a. These rules should be read together with the Privacy Act, which 

provides additional information about records maintained on individuals. 

The rules in this subpart apply to all records in systems of records 

maintained by the Department that are retrieved by an individual's name 

or personal identifier. They describe the procedures by which 

individuals may request access to records about themselves, request 

amendment or correction of those records, and request an accounting of 

disclosures of those by the Department. In addition, the Department 

processes all Privacy Act requests for access to records under the 

Freedom of Information Act (FOIA), 5 U.S.C. 552, following the rules 

contained in subpart A of this part, which gives requests the benefit of 

both statutes.

    (b) Definitions. As used in this subpart:

    (1) Component means each separate bureau, office, board, division, 

commission, service, or administration of the Department of Justice.

    (2) Request for access to a record means a request made under 

Privacy Act subsection (d)(1).

    (3) Request for amendment or correction of a record means a request 

made under Privacy Act subsection (d)(2).

    (4) Request for an accounting means a request made under Privacy Act 

subsection (c)(3).

    (5) Requester means an individual who makes a request for access, a 

request for amendment or correction, or a request for an accounting 

under the Privacy Act.

    (c) Authority to request records for a law enforcement purpose. The 

head of a component or a United States Attorney, or either's designee, 

is authorized to make written requests under subsection (b)(7) of the 

Privacy Act for records maintained by other agencies that are necessary 

to carry out an authorized law enforcement activity.



[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 51401, Sept. 25, 

1998]