[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: 28CFR16.42]



[Page 286-287]

 

                    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. 16.42  Responsibility for responding to requests for access to 

records.



    (a) In general. Except as stated in paragraphs (c), (d), and (e) of 

this section, the component that first receives a request for access to 

a record, and has possession of that record, is the component 

responsible for responding to the request. In determining which records 

are responsive to a request, a component ordinarily shall include only 

those records in its possession as of the date the component begins its 

search for them. If any other date is used, the component shall inform 

the requester of that date.

    (b) Authority to grant or deny requests. The head of a component, or 

the component head's designee, is authorized to grant or deny any 

request for access to a record of that component.

    (c) Consultations and referrals. When a component receives a request 

for access to a record in its possession, it shall determine whether 

another component, or another agency of the Federal Government, is 

better able to determine whether the record is exempt from access under 

the Privacy Act. If the receiving component determines



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that it is best able to process the record in response to the request, 

then it shall do so. If the receiving component determines that it is 

not best able to process the record, then it shall either:

    (1) Respond to the request regarding that record, after consulting 

with the component or agency best able to determine whether the record 

is exempt from access and with any other component or agency that has a 

substantial interest in it; or

    (2) Refer the responsibility for responding to the request regarding 

that record to the component best able to determine whether it is exempt 

from access, or to another agency that originated the record (but only 

if that agency is subject to the Privacy Act). Ordinarily, the component 

or agency that originated a record will be presumed to be best able to 

determine whether it is exempt from access.

    (d) Law enforcement information. Whenever a request is made for 

access to a record containing information that relates to an 

investigation of a possible violation of law and that was originated by 

another component or agency, the receiving component shall either refer 

the responsibility for responding to the request regarding that 

information to that other component or agency or shall consult with that 

other component or agency.

    (e) Classified information. Whenever a request is made for access to 

a record containing information that has been classified by or may be 

appropriate for classification by another component or agency under 

Executive Order 12958 or any other executive order concerning the 

classification of records, the receiving component shall refer the 

responsibility for responding to the request regarding that information 

to the component or agency that classified the information, should 

consider the information for classification, or has the primary interest 

in it, as appropriate. Whenever a record contains information that has 

been derivatively classified by a component because it contains 

information classified by another component or agency, the component 

shall refer the responsibility for responding to the request regarding 

that information to the component or agency that classified the 

underlying information.

    (f) Notice of referral. Whenever a component refers all or any part 

of the responsibility for responding to a request to another component 

or agency, it ordinarily shall notify the requester of the referral and 

inform the requester of the name of each component or agency to which 

the request has been referred and of the part of the request that has 

been referred.

    (g) Timing of responses to consultations and referrals. All 

consultations and referrals shall be handled according to the date the 

Privacy Act access request was initially received by the first component 

or agency, not any later date.

    (h) Agreements regarding consultations and referrals. Components may 

make agreements with other components or agencies to eliminate the need 

for consultations or referrals for particular types of records.



[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 

1998; 63 FR 51401, Sept. 25, 1998]