[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: 24CFR16.5]



[Page 194-195]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

Sec.  16.5  Disclosure of requested information to individuals.



    (a) Each request 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 due to unusual 

circumstances, the Privacy Act Officer shall send an acknowledgement 

during that period providing information on the status of the request 

and asking for such further information as may be necessary to process 

the request. Unusual circumstances shall include circumstances where a 

search for and collection of requested records from inactive storage, 

field facilities or other establishments are required, cases where a 

voluminous amount of data is involved, instances where information on 

other individuals must be separated or expunged from the particular 

record, and cases where consultations with other agencies having a 

substantial interest in the determination of the request are necessary.

    (b) Grant of access--(1) Notification. An individual shall be 

granted access to a record pertaining to him or her, except where the 

provisions of Sec.  16.6 apply. The Privacy Act Officer shall notify the 

individual of such determination and provide the following information:

    (i) The methods of access, as set forth in paragraph (b)(2) of this 

section;

    (ii) The place at which the record may be inspected;

    (iii) The earliest date on which the record may be inspected and the 

period of time that the records will remain available for inspection 

and/or the estimated date by which a copy of the record could be mailed 

and the estimate of fees pursuant to Sec.  16.12;

    (iv) The fact that the individual, if he or she wishes, may be 

accompanied by another individual during personal access, subject to 

procedures set forth in paragraph (e) of this section; and

    (v) Any additional requirements needed to grant access to a specific 

record.

    (2) Methods of access. The following methods of access to records by 

an individual may be available depending on the circumstances of a given 

situation:

    (i) Inspection in person may be had in the office specified by the 

Privacy Act Officer granting access during hours indicated by the 

Privacy Act Officer;

    (ii) Transfer of records to a Federal facility more convenient to 

the individual may be arranged, but only if the Privacy Act Officer 

determines that a suitable facility is available, that the



[[Page 195]]



individual's access can be properly supervised at the facility, and that 

transmittal of the records to that facility will not unduly interfere 

with operations of the Department or involve unreasonable costs, in 

terms of both money and manpower; and

    (iii) Copies may be mailed at the request of the individual, subject 

to payment of the fees prescribed in Sec.  16.12. The Department, at its 

own initiative, may elect to provide a copy by mail, in which case no 

fee will be charged the individual.

    (c) The Department shall supply such other information and 

assistance at the time of access as to make the record intelligible to 

the individual.

    (d) The Department reserves the right to limit access to copies and 

abstracts of original records, rather than the original records. This 

election would be appropriate, for example, when the record is in an 

automated data media such as tape or disc, when the record contains 

information on other individuals, and when deletion of information is 

permissible under exemptions (for example, 5 U.S.C. 552a(k)(2)). In no 

event shall original records of the Department be made available to the 

individual except under the immediate supervision of the Privacy Act 

Officer or his designee. It is a crime to conceal, mutilate, obliterate, 

or destroy any record filed in a public office, or to attempt to do any 

of the foregoing, Title 18, United States Code, 2701(a).

    (e) Any individual who requests access to a record pertaining to 

that individual may be accompanied by another individual of his or her 

choice. Accompanied includes discussion of the record in the presence of 

the other individual. The individual to whom the record pertains shall 

authorize the presence of the other individual by a signed and dated 

document which includes the name of the other individual and 

specifically describes the record to which access is sought. The other 

individual shall sign the authorization in the presence of the Privacy 

Act Officer. An individual shall not be required to state a reason or 

otherwise justify his or her decision to be accompanied by another 

individual during personal access to a record.