[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: 24CFR16.3]



[Page 192-193]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

Sec.  16.3  Procedures for inquiries.



    (a) Any individual, regardless of age, may submit an inquiry to the 

Department. The inquiry should be made either in person at the office 

of, or by mail addressed to, the appropriate Privacy Act Officer. 

Although oral requests may be honored, a requester may be asked to 

submit his request in writing. The envelope containing the request and 

the letter itself should both clearly indicate that the subject is a 

``PRIVACY ACT INQUIRY''. If an individual believes the Department 

maintains a record pertaining to that individual but does not know which 

system of records might contain such a record and/or which 

organizational component of the Department maintains the system of 

records, assistance in person or by mail will be provided at the first 

address listed in Appendix A to this part.

    (b)(1) An inquiry should contain the following information:

    (i) Name, address and telephone number of the individual making the 

request;

    (ii) Name, address and telephone number of the individual to whom 

the record pertains, if the requesting individual is either the parent 

of a minor or the legal guardian of the individual to whom the record 

pertains;

    (iii) A certified or authenticated copy of documents establishing 

parentage or guardianship;

    (iv) Whether the individual to whom the record pertains is a citizen 

of the United States or an alien lawfully admitted for permanent 

residence in to the United States;

    (v) Name of the system of records, as published in the Federal 

Register;

    (vi) Location of the system of records, as published in the Federal 

Register;

    (vii) Such additional information as the individual knows will or 

believes might assist the Department in responding to the inquiry (for 

example, the individual's past or present relationship with the 

Department, e.g. mortgagor, contractor, employee, including relevant 

dates) and in verifying the individual's identity (for example, date of 

birth, place of birth, names of parents, place of work, dates of 

employment, position title, etc.);

    (viii) Date of inquiry; and,

    (ix) Individual's signature.



The Department reserves the right to require compliance with the 

identification procedures appearing at Sec.  16.4(d) where circumstances 

warrant.

    (2) In compliance with 5 U.S.C. 552a (e)(3) each individual 

supplying the information in accordance with paragraph (b)(1) of this 

section hereby is informed that:

    (i) The authority authorizing solicitation of the information is 5 

U.S.C. 552a, disclosure is voluntary, and no penalty is attached for 

failure to respond;

    (ii) The principal purpose for which the information is intended to 

be used is processing the inquiry under the Act;

    (iii) The routine uses which may be made of the information are the 

routine uses appearing as a prefatory statement to the Department's 

notice of systems of records published in the Federal Register; and,

    (iv) The effects of not providing all or any part of the information 

may delay, or in some cases make impossible, the Department's processing 

of the action on the request under the Act.

    (3) If, having been made aware of the contents of paragraph (b)(2) 

of this section, an individual submits the information listed in 

paragraph (b)(1) of this section, he or she will be deemed to have made 

the submission on a purely voluntary and consensual basis.

    (c) When an inquiry is misdirected by the requester, or not 

addressed as specified in paragraph (a) of this section, the Department 

official receiving same



[[Page 193]]



shall make reasonable effort to identify, and promptly refer it to, the 

appropriate Privacy Act Officer and the time of receipt for processing 

purposes will be the time when it is received by the Privacy Act 

Officer.

    (d) When an inquiry fails to provide necessary information as set 

forth in paragraph (b) of this section, the requester shall be advised 

that the time of receipt for processing purposes will be the time when 

the additional necessary information is received by the Privacy Act 

Officer.

    (e) Each inquiry received shall be acted upon promptly by the 

responsible Privacy Act Officer. Every effort will be made to respond 

within ten days (excluding Saturdays, Sundays and holidays) of the date 

of receipt. If a response cannot be made within ten days, the Privacy 

Act Officer shall send an acknowledgement during that period providing 

information on the status of the inquiry. The Privacy Act Officer may 

indicate that additional information would facilitate processing or that 

further information is necessary to process the inquiry.