[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: 24CFR16.9]



[Page 197-198]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

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

 

Sec.  16.9  Agency procedures upon request for correction or amendment 

of record.



    (a)(1) Not later than ten days (excluding Saturdays, Sundays and 

holidays) after receipt of a request to correct or amend a record, the 

Privacy Act Officer shall send an acknowledgment providing an estimate 

of time within which action will be taken on the request and asking for 

such further information as may be necessary to process the request. The 

estimate of time may take into account unusual circumstances as 

described in Sec.  16.5(a). No acknowledgment will be sent if the 

request can be reviewed, processed, and the individual notified of the 

results of review (either compliance or denial) within the ten days. 

Requests filed in person will be acknowledged at the time submitted.

    (2) Promptly after acknowledging receipt of a request, or after 

receiving such further information as might have been requested, or 

after arriving at a decision within the time prescribed in Sec.  

16.9(a)(1), the Privacy Act Officer shall either:

    (i) Make the requested correction or amendment and advise the 

individual in writing of such action, providing either a copy of the 

corrected or amended record or a statement as to the means whereby the 

correction or amendment was effected in cases where a copy cannot be 

provided; or,

    (ii) Inform the individual in writing that his or her request is 

denied and provide the following information:

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

    (B) The date of the denial;

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

appropriate sections of the Act and this part; and,

    (D) The procedures for appeal of the denial as set forth in Sec.  

16.10, including the name and address of the Privacy Appeals Officer. 

The term promptly in this Sec.  16.9 means within thirty days (excluding 

Saturdays, Sundays and holidays). If the Privacy Act Officer cannot make 

the determination within thirty days, the individual will be advised in 

writing of the reason therefor and of the estimated date by which the 

determination will be made.

    (b) Whenever an individual's record is corrected or amended pursuant 

to a request by that individual, the Privacy Act Officer shall see to 

the notification of all persons and agencies to which the corrected or 

amended portion of the record had been disclosed prior to its correction 

or amendment, if an accounting of such disclosure was made as required 

by the Act. The notification shall require a recipient agency 

maintaining the record to acknowledge receipt of the notification, to 

correct or amend the record and to appraise any agency or person to 

which it had disclosed the record of the substance of the correction or 

amendment.

    (c) The following criteria will be considered by the Privacy Act 

Officer in reviewing a request for correction or amendment:

    (1) The sufficiency of the evidence submitted by the individual;

    (2) The factual accuracy of the information;

    (3) The relevance and necessity of the information in terms of the 

purpose for which it was collected;

    (4) The timeliness and currency of the information in terms of the 

purpose for which it was collected:

    (5) The completeness of the information in terms of the purpose for 

which it was collected:

    (6) The possibility that denial of the request could unfairly result 

in determinations adverse to the individual;

    (7) The character of the record sought to be corrected or amended; 

and

    (8) The propriety and feasibility of complying with the specific 

means of correction or amendment requested by the individual.

    (d) The Department will not undertake to gather evidence for the 

individual, but does reserve the right to



[[Page 198]]



verify the evidence which the individual submits.

    (e) Correction or amendment of a record requested by an individual 

will be denied only upon a determination by the Privacy Act Officer 

that:

    (1) There has been a failure to establish, by the evidence 

presented, the propriety of the correction or amendment in light of the 

criteria set forth in paragraph (c) of this section;

    (2) The record sought to be corrected or amended was compiled in a 

terminated judicial, quasi-judicial, legislative or quasi-legislative 

proceeding to which the individual was a party or participant;

    (3) The information in the record sought to be corrected or amended, 

or the record sought to be corrected or amended, is the subject of a 

pending judicial, quasi-judicial or quasi-legislative proceeding to 

which the individual is a party or participant;

    (4) The correction or amendment would violate a duly enacted statute 

or promulgated regulation; or,

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

procedural requirements of this part.

    (f) If a request is partially granted and partially denied, the 

Privacy Act Officer shall follow the appropriate procedures of this 

section as to the records within the grant and the records within the 

denial.