[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: 28CFR16.46]



[Page 288-289]

 

                    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. 16.46  Requests for amendment or correction of records.



    (a) How made and addressed. Unless the record is not subject to 

amendment or correction as stated in paragraph (f) of this section, you 

may make a request for amendment or correction of a Department of 

Justice record about



[[Page 289]]



yourself by writing directly to the Department component that maintains 

the record, following the procedures in Sec. 16.41. Your request should 

identify each particular record in question, state the amendment or 

correction that you want, and state why you believe that the record is 

not accurate, relevant, timely, or complete. You may submit any 

documentation that you think would be helpful. If you believe that the 

same record is in more than one system of records, you should state that 

and address your request to each component that maintains a system of 

records containing the record.

    (b) Component responses. Within ten working days of receiving your 

request for amendment or correction of records, a component shall send 

you a written acknowledgment of its receipt of your request, and it 

shall promptly notify you whether your request is granted or denied. If 

the component grants your request in whole or in part, it shall describe 

the amendment or correction made and shall advise you of your right to 

obtain a copy of the corrected or amended record, in disclosable form. 

If the component denies your request in whole or in part, it shall send 

you a letter signed by the head of the component, or the component 

head's designee, that shall state:

    (1) The reason(s) for the denial; and

    (2) The procedure for appeal of the denial under paragraph (c) of 

this section, including the name and business address of the official 

who will act on your appeal.

    (c) Appeals. You may appeal a denial of a request for amendment or 

correction to the Office of Information and Privacy in the same manner 

as a denial of a request for access to records (see Sec. 16.45) and the 

same procedures shall be followed. If your appeal is denied, you shall 

be advised of your right to file a Statement of Disagreement as 

described in paragraph (d) of this section and of your right under the 

Privacy Act for court review of the decision.

    (d) Statements of Disagreement. If your appeal under this section is 

denied in whole or in part, you have the right to file a Statement of 

Disagreement that states your reason(s) for disagreeing with the 

Department's denial of your request for amendment or correction. 

Statements of Disagreement must be concise, must clearly identify each 

part of any record that is disputed, and should be no longer than one 

typed page for each fact disputed. Your Statement of Disagreement must 

be sent to the component involved, which shall place it in the system of 

records in which the disputed record is maintained and shall mark the 

disputed record to indicate that a Statement of Disagreement has been 

filed and where in the system of records it may be found.

    (e) Notification of amendment/correction or disagreement. Within 30 

working days of the amendment or correction of a record, the component 

that maintains the record shall notify all persons, organizations, or 

agencies to which it previously disclosed the record, if an accounting 

of that disclosure was made, that the record has been amended or 

corrected. If an individual has filed a Statement of Disagreement, the 

component shall append a copy of it to the disputed record whenever the 

record is disclosed and may also append a concise statement of its 

reason(s) for denying the request to amend or correct the record.

    (f) Records not subject to amendment or correction. The following 

records are not subject to amendment or correction:

    (1) Transcripts of testimony given under oath or written statements 

made under oath;

    (2) Transcripts of grand jury proceedings, judicial proceedings, or 

quasi-judicial proceedings, which are the official record of those 

proceedings;

    (3) Presentence records that originated with the courts; and

    (4) Records in systems of records that have been exempted from 

amendment and correction under Privacy Act, 5 U.S.C. 552a(j) or (k) by 

notice published in the Federal Register.