[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: 24CFR16.6]



[Page 195]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

Sec.  16.6  Initial denial of access.



    (a) Grounds. Access by an individual to a record which pertains to 

that individual will be denied only upon a determination by the Privacy 

Act Officer that:

    (1) The record is subject to an exemption under Sec.  16.14, Sec.  

16.15 or to an exemption determined by another agency noticing the 

system of records;

    (2) The record is information compiled in reasonable anticipation of 

a civil action or proceeding; or

    (3) The individual unreasonably has failed to comply with the 

procedural requirements of this part.

    (b) Notification. The Privacy Act Officer shall give notice of 

denial of access to records to the individual in writing and shall 

include the following information:

    (1) The Privacy Act Officer's name and title or position;

    (2) The date of the denial;

    (3) The reasons for the denial, including citation to the 

appropriate section of the Act and/or this part;

    (4) The individual's opportunities, if any, for further 

administrative consideration, including the identity and address of the 

appropriate Privacy Appeals Officer. If no further administrative 

consideration within the Department is available, the notice shall state 

that the denial is administratively final; and,

    (5) If stated to be administratively final; and, within the 

Department, the individual's right to judicial review under 5 U.S.C. 

552a(g)(1), as amended by 5 U.S.C. 552a(g)(5).



[40 FR 39729, Aug. 28, 1975, as amended at 42 FR 20297, Apr. 19, 1977]