[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 22CFR171.32]



[Page 760-761]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC--Table 

of Contents

 

                    Subpart D_Privacy Act Provisions

 

Sec.  171.32  Request for access to records.



    (a) Description of records sought. All requests for access to a 

record must reasonably describe the System of Records and the 

individual's record within the system in sufficient detail to permit 

identification of the requested record. At a minimum, requests should 

include the individual's full name (including maiden name, if 

appropriate) and any other names used, present mailing address and ZIP 

Code, date and place of birth, and any other information that might help 

in identifying the record. Helpful data includes the approximate time 

period of the record and the circumstances that give the individual 

reason to believe that the Department of State maintains a record under 

the individual's name or personal identifier. In certain instances, it 

may be necessary for the Department to request additional information 

from the requester, either to ensure a full search, or to ensure that a 

record retrieved does in fact pertain to the individual.



[[Page 761]]



    (b) Verification of personal identity. The Department will require 

reasonable identification of individuals requesting records under the 

Privacy Act to ensure that records are disclosed only to the proper 

persons. Requesters must state their full name, current address, date 

and place of birth, and, at the requester's option, social security 

number. The request must be signed, and the requester's signature must 

be either notarized or submitted under penalty of perjury (28 U.S.C. 

1746) as a substitute for notarization. If the requester seeks records 

under another name the requester has used, a statement, under penalty of 

perjury, that the requester has also used the other name must be 

included.

    (c) Third party access. The Department shall allow third party 

access to records under certain conditions:

    (1) Parents. Upon presentation of documentation of the parental 

relationship, a parent of a minor (an unmarried person under the age of 

18) may, on behalf of the minor, request records pertaining to the minor 

and the Department may, in its discretion, disclose such records to the 

parent to the extent determined by the Department to be appropriate in 

the circumstances of the case. In any case, minors may request such 

records on their own behalf.

    (2) Guardians. A guardian of a minor or of an individual who has 

been declared by a court to be incompetent may act for and on behalf of 

the minor or the incompetent individual upon presentation of appropriate 

documentation of the guardian relationship.

    (3) Authorized representatives or designees. When an individual 

wishes to authorize another person or persons access to his or her 

records, the individual shall submit, in addition to the identifying 

information described in paragraph (b) of this section, a signed 

statement, either notarized or made under penalty of perjury, 

authorizing and consenting to access by a designated person or persons. 

Such requests shall be processed under the FOIA (see Sec.  171.12).

    (d) Records relating to civil actions. Nothing in this subpart 

entitles an individual to access to any information compiled in 

reasonable anticipation of a civil action or proceeding.

    (e) Time limits. The Department will acknowledge the request 

promptly and furnish the requested information as soon as possible 

thereafter.

    (f) Information on amending records. At the time the Department 

grants access to a record, it will also furnish guidelines for 

requesting amendment of a record. These guidelines may also be obtained 

by writing to the Information and Privacy Coordinator at the address 

given in Sec.  171.5. The guidelines are also available in the reading 

room described in Sec.  171.3 and in the electronic reading room 

described in Sec.  171.4.