[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR16.11]



[Page 199-200]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 16_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents

 

Sec.  16.11  Disclosure of record to person other than the individual 

to whom it pertains.



    (a) The Department may disclose a record pertaining to an individual 

to a person other than the individual only in the following instances:

    (1) Upon written request by the individual, including authorization 

under Sec.  16.5(e);

    (2) With the prior written consent of the individual;

    (3) To a parent or legal guardian under 5 U.S.C. 552a(h); and,

    (4) When required by the Act and not covered explicitly by the 

provisions of 5 U.S.C. 552a(b); and,

    (5) When permitted under 5 U.S.C. 552a(b) (1) through (11), which 

read as follows:



    (1) To those officers and employees of the agency which maintains 

the record who have a need for the record in the performance of their 

duties;

    (2) Required under section 552 of this title;

    (3) For a routine use as defined in subsection (a)(7) of this 

section and described under subsection (e)(4)(D) of this section;

    (4) To the Bureau of the Census for purposes of planning or carrying 

out a census or survey or related activity pursuant to the provisions of 

title 13;

    (5) To a recipient who has provided the agency with advance adequate 

written assurance that the record will be used solely as a statistical 

research or reporting record, and the record is to be transferred in a 

form that is not individually identifiable;



[[Page 200]]



    (6) To the National Archives of the United States as a record which 

has sufficient historical or other value to warrant its continued 

preservation by the United States Government, or for evaluation by the 

Administrator of General Services or his designee to determine whether 

the record has such value;

    (7) To another agency or to an instrumentality of any governmental 

jurisdiction within or under the control of the United States for a 

civil or criminal law enforcement activity if the activity is authorized 

by law, and if the head of the agency or instrumentality has made a 

written request to the agency which maintains the record specifying the 

particular portion desired and the law enforcement activity for which 

the record is sought;

    (8) To a person pursuant to a showing of compelling circumstances 

affecting the health or safety of an individual if upon such disclosure 

notification is transmitted to the last known address of such 

individual;

    (9) To either House of Congress, or, to the extent of matter within 

its jurisdiction, any committee or subcommittee thereof, any joint 

committee of Congress or subcommittee of any such joint committee;

    (10) To the Comptroller General, or any of his authorized 

representatives, in the course of the performance of the duties of the 

General Accounting Office; or

    (11) Pursuant to the order of a court of competent jurisdiction.



    (b) The situations referred to in paragraph (a)(4) of this section 

include the following:

    (1) 5 U.S.C. 552a(c)(4) requires dissemination of a corrected or 

amended record or notation of a disagreement statement by the Department 

in certain circumstances:

    (2) 5 U.S.C. 552(a)(g) authorizes civil action by an individual and 

requires disclosure by the Department or the court;

    (3) Section 5(e)(2) of the Act authorizes release of any records or 

information by the Department to the Privacy Protection Study Commission 

upon request of the Chairman; and

    (4) Section 6 of the Act authorizes the Office of Management and 

Budget to provide the Department with continuing oversight and 

assistance in implementation of the Act.

    (c) The Department shall make an accounting of each disclosure of 

any record contained in a system of records in accordance with 5 U.S.C. 

552a(c) (1) and (2). Except for a disclosure made under 5 U.S.C. 

552a(b)(7), the Privacy Act Officer shall make such accounting available 

to any individual, insofar as it pertains to that individual, on request 

submitted in accordance with Sec.  16.4. The Privacy Act Officer shall 

make reasonable efforts to notify any individual when any record in a 

system of records is disclosed to any person under compulsory legal 

process, promptly upon being informed that such process has become a 

matter of public record.