[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1665.2]

[Page 359-361]
 
                        TITLE 32-NATIONAL DEFENSE
 
                  CHAPTER XVI--SELECTIVE SERVICE SYSTEM
 
PART 1665_PRIVACY ACT PROCEDURES--Table of Contents
 
Sec. 1665.2  Requests for access.

    (a) Requirement for written requests. Individuals desiring to gain 
access to a record pertaining to them in a system of records maintained 
by SSS must submit their request in writing in accord with the 
procedures set forth in paragraph (b) below.
    (b) Procedures--(1) Content of the request. (i) The request for 
access to a record in a system of records shall be addressed to the 
records manager, at the address cited above, and shall name the system 
of records or contain a description of such system of records. The 
request should state that the request is pursuant to the Privacy Act of 
1974. In the absence of specifying solely the Privacy Act of 1974 and, 
if the request may be processed under both the Freedom of Information 
Act and the Privacy Act and the request specifies both or neither act, 
the procedures under the Privacy Act of 1974 will be employed. The 
individual will be advised that the procedures of the Privacy Act will 
be utilized, of the existence and the general effect of the Freedom of 
Information Act, and the difference between procedures under the two 
acts (e.g. fees, time limits, access). The request should contain 
necessary information to verify the identity of the requester (see Sec. 
1665.2(b)(2)(vi)). In addition, the requester should include any other 
information which may assist in the rapid identification of the record 
for which access is being requested (e.g., maiden name, dates of 
employment, etc.) as well as any other identifying information contained 
in and required by SSS Notice of Systems of Records.
    (ii) If the request for access follows a prior request under Sec. 
1665.1, the same identifying information need not be included in the 
request for access if a reference is made to that prior correspondence, 
or a copy of the SSS response to that request is attached.
    (iii) If the individual specifically desires a copy of the record, 
the request should so specify.
    (2) SSS action on request. A request for access will ordinarily be 
answered within 10 days, except when the records manager determines that 
access cannot be afforded in that time, in which case the requester will 
be informed of the reason for the delay and an estimated date by which 
the request will be answered. Normally access will be granted within 30 
days from the date the request was received by the Selective Service 
System. At a minimum, the answer to the request for access shall include 
the following:

[[Page 360]]

    (i) A statement that there is a record as requested or a statement 
that there is not a record in the system of records maintained by SSS;
    (ii) A statement as to whether access will be granted only by 
providing copy of the record through the mail; or the address of the 
location and the date and time at which the record may be examined. In 
the event the requester is unable to meet the specified date and time, 
alternative arrangements may be made with the official specified in 
Sec. 1665.2(b)(1);
    (iii) A statement, when appropriate, that examination in person will 
be the sole means of granting access only when the records manager has 
determined that it would not unduly impede the requester's right of 
access;
    (iv) The amount of fees charged, if any (see Sec. 1665.6) (Fees are 
applicable only to requests for copies);
    (v) The name, title, and telephone number of the SSS official having 
operational control over the record; and
    (vi) The documentation required by SSS to verify the identity of the 
requester. At a minimum, SSS's verification standards include the 
following:
    (A) Current or former SSS employees. Current or former SSS employees 
requesting access to a record pertaining to them in a system of records 
maintained by SSS may, in addition to the other requirements of this 
section, and at the sole discretion of the official having operational 
control over the record, have his or her identity verified by visual 
observation. If the current or former SSS employee cannot be so 
identified by the official having operational control over the records, 
identification documentation will be required. Employee identification 
cards, annuitant identification, drivers licenses, or the employee copy 
of any official personnel document in the record are examples of 
acceptable identification validation.
    (B) Other than current or former SSS employees. Individuals other 
than current or former SSS employees requesting access to a record 
pertaining to them in a system of records maintained by SSS must produce 
identification documentation of the type described herein, prior to 
being granted access. The extent of the identification documentation 
required will depend on the type of record to be accessed. In most 
cases, identification verification will be accomplished by the 
presentation of two forms of identification. Any additional requirements 
are specified in the system notices published pursuant to 5 U.S.C. 
552a(e)(4).
    (C) Access granted by mail. For records to be accessed by mail, the 
records manager shall, to the extent possible, establish identity by a 
comparison of signatures in situations where the data in the record is 
not so sensitive that unauthorized access could cause harm or 
embarrassment to the individual to whom they pertain. No identification 
documentation will be required for the disclosure to the requester of 
information required to be made available to the public by 5 U.S.C. 552. 
When in the opinion of the records manager the granting of access 
through the mail could reasonably be expected to result in harm or 
embarrassment if disclosed to a person other than the individual to whom 
the record pertains, a notarized statement of identity or some similar 
assurance of identity will be required.
    (D) Unavailability of identification documentation. If an individual 
is unable to produce adequate identification documentation the 
individual will be required to sign a statement asserting identity and 
acknowledging that knowingly or willfully seeking or obtaining access to 
a record about another person under false pretenses may result in a fine 
of up to $5,000. In addition, depending upon the sensitivity of the 
records sought to be accessed, the official having operational control 
over the records may require such further reasonable assurances as may 
be considered appropriate e.g., statements of other individuals who can 
attest to the identity of the requester. No verification of identity 
will be required of individuals seeking access to records which are 
otherwise available to any person under 5 U.S.C. 552, Freedom of 
Information Act.
    (E) Access by the parent of a minor, or legal guardian. A parent of 
a minor, upon presenting suitable personal identification, may access on 
behalf of the minor any record pertaining to the minor

[[Page 361]]

maintained by SSS in a system of records. A legal guardian may similarly 
act on behalf of an individual declared to be incompetent due to 
physical or mental incapacity or age by a court of competent 
jurisdiction. Absent a court order or consent, a parent or legal 
guardian has no absolute right to have access to a record about a child. 
Minors are not precluded from exercising on their own behalf rights 
given to them by the Privacy Act.
    (F) Granting access when accompanied by another individual. When an 
individual requesting access to his or her record in a system of records 
maintained by SSS wishes to be accompanied by another individual during 
the course of the examination of the record, the individual making the 
request shall submit to the official having operational control of the 
record, a signed statement authorizing that person access to the record.
    (G) Denial of access for inadequate identification documentation. If 
the official having operational control over the records in a system of 
records maintained by SSS determines that an individual seeking access 
has not provided sufficient identification documentation to permit 
access, the official shall consult with the records manager prior to 
finally denying the individual access.
    (H) Review of decision to deny access. Whenever the records manager 
determines, in accordance with the procedures herein, that access cannot 
be granted the response will also include a statement of the procedures 
to obtain a review of the decision to deny in accord with Sec. 1665.5.
    (vii) Exceptions. (A) Nothing in these regulations shall be 
construed to entitle an individual the right to access to any 
information compiled in reasonable anticipation of a civil action or 
proceeding. The mere fact that records in a system of records are 
frequently the subject of litigation does not bring those systems of 
records within the scope of this provision. This provision is not 
intended to preclude access by an individual to the records which are 
available to that individual under the other processes such as the 
Freedom of Information Act or the rules of civil procedure.
    (B) Within any system of records pertaining to possible violations 
of the Military Selective Service Act, the identity of or any 
information pertaining to any individual who provides information 
relating to a suspected violator will not be revealed to the suspected 
violator. This exemption is made under the provision of 5 U.S.C. 
552a(k)(2).