[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: 24CFR16.4]



[Page 193-194]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

Sec.  16.4  Requests for access; requirements.



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

a request for access to records of the Department. The request should be 

made either in person at the Office of, or by mail addressed to, the 

responsible Privacy Act Officer identified in Appendix A to this part. 

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 REQUEST FOR ACCESS TO RECORDS.

    (b) When a request for access to records is misdirected by the 

requester, or not addressed as specified in paragraph (a) of this 

section, the Department official receiving same shall 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 that 

official.

    (c) When a request for access to records 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 

appropriate official.

    (d) The requirements for identification of individuals seeking 

access to records are as follows:

    (1) In person. Each individual making a request in person shall be 

required to present satisfactory proof of identity. The means of proof, 

in the order of preference and priority, are:

    (i) A document bearing the individual's photograph (for example, 

passport or military or civilian identification card);

    (ii) A document bearing the individual's signature (for example, 

driver's license, social security card, unemployment insurance book, 

employer's identification card, national credit card and professional, 

craft or union membership card); and

    (iii) A document bearing neither the photograph nor the signature of 

the individual (for example, a Medicaid card). In the event the 

individual can provide no suitable documentation of identity, the 

Department will require a signed statement asserting the individual's 

identity and stipulating that the individual understands the penalty 

provision of 5 U.S.C. 552a(i)(3). That penalty provision also appears at 

Sec.  16.13(a). In order to avoid any unwarranted disclosure of an 

individual's records, the Department reserves the right to determine to 

its satisfaction whether proof of identity offered by any individual is 

adequate.

    (2) Not in person. If the individual making a request does not 

appear in person before a Privacy Act Officer, the information set forth 

in Sec.  16.3(b)(1) and a certificate of a notary public or equivalent 

officer empowered to administer oaths must accompany the request. The 

certificate within or attached to the letter must be substantially in 

accord with the following text:



City of --------------------

County of --------------------:



    ss -------------------- (name of individual), who affixed (his) 

(her) signature below in my presence, came before me, a ---------------- 

(title), in and for the aforesaid County and



[[Page 194]]



State, this ------------ day of ------------, 19--, and established 

(his) (her) identity to my satisfaction.



    My commission expires --------------------.



------------------------------------

 (signature)





If the request follows inquiry under Sec.  16.3, this should be 

indicated in the request for access in order to facilitate processing.

    (3) Parents of minors and legal guardians. An individual acting as 

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

record pertains shall establish his or her personal identity in the same 

manner prescribed in either paragraph (d) (1) or (2) of this section. In 

addition, such other individual shall establish his or her 

representative capacity of parent or legal guardian. In the case of the 

parent of a minor, the proof of identity shall be a certified or 

authenticated copy of the minor's birth certificate. In the case of a 

legal guardian of an individual who has been declared incompetent due to 

physical or mental incapacity or age by a court of competent 

jurisdiction, the proof of identity shall be a certified or 

authenticated copy of the court's order. A parent or legal guardian may 

act only for a living individual, not for a decedent. A parent or legal 

guardian may be accompanied during personal access to a record by 

another individual, provided the provisions of Sec.  16.5(e) are 

satisfied.

    (e) When the provisions of this part are alleged to have the effect 

of impeding an individual in exercising his or her right to access, the 

Department will consider alternative suggestions from an individual 

making a request, regarding proof of identity and access to records.

    (f) An individual shall not be required to state a reason or 

otherwise justify his or her request for access to a record.