[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: 28CFR16.43]



[Page 287-288]

 

                    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. 16.43  Responses to requests for access to records.



    (a) Acknowledgements of requests. On receipt of a request, a 

component ordinarily shall send an acknowledgement letter to the 

requester which shall confirm the requester's agreement to pay fees 

under Sec. 16.41(c) and provide an assigned request number for further 

reference.

    (b) Grants of requests for access. Once a component makes a 

determination to grant a request for access in whole or in part, it 

shall notify the requester in writing. The component shall inform the 

requester in the notice of any fee charged under Sec. 16.49 and shall 

disclose records to the requester promptly on payment of any applicable 

fee. If a request is made in person, the component may disclose records 

to the requester directly, in a manner not unreasonably disruptive of 

its operations, on payment of any applicable fee and with a written 

record made of the grant of the request. If a requester is accompanied 

by another person, the requester shall be required to authorize in 

writing any discussion of the records in the presence of the other 

person.



[[Page 288]]



    (c) Adverse determinations of requests for access. A component 

making an adverse determination denying a request for access in any 

respect shall notify the requester of that determination in writing. 

Adverse determinations, or denials of requests, consist of: A 

determination to withhold any requested record in whole or in part; a 

determination that a requested record does not exist or cannot be 

located; a determination that what has been requested is not a record 

subject to the Privacy Act; a determination on any disputed fee matter; 

and a denial of a request for expedited treatment. The notification 

letter shall be signed by the head of the component, or the component 

head's designee, and shall include:

    (1) The name and title or position of the person responsible for the 

denial;

    (2) A brief statement of the reason(s) for the denial, including any 

Privacy Act exemption(s) applied by the component in denying the 

request; and

    (3) A statement that the denial may be appealed under Sec. 16.45(a) 

and a description of the requirements of Sec. 16.45(a).