[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1008.4]

[Page 734-735]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1008_RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)--Table of 
Contents
 
                      Subpart A_General Provisions
 
Sec. 1008.4  Procedures for identifying the individual making a request 
for access to or amendment of records.

    (a) When a request for information about or for access to or 
correction of a record pertaining to an individual and contained in a 
system of records has been made pursuant to Sec. 1008.6, valid 
identification of the individual making the request shall be required 
before information will be given, access granted or a correction 
considered, to insure that information is given, corrected, or records 
disclosed or corrected only at the request of the proper person.
    (b) Subject to paragraphs (c) and (d) of this section, an individual 
making a request may establish his identity by:
    (1) Including with his request, if submitted by mail, a photocopy of 
two identifying documents bearing his name and signature, one of which 
shall bear his current home or business address and date of birth; or
    (2) Appearing at the appropriate DOE location during the regular 
business hours and presenting either of the following:
    (i) One identifying document bearing the individual's photograph and 
signature, such as a driver's license or passport; or
    (ii) Two identifying documents bearing the individual's name and 
signature, one of which shall bear the individual's current home or 
business address and date of birth; or
    (3) Providing such other proof of identity as the Privacy Act 
Officer deems satisfactory in the circumstances of a particular request.
    (c) If the Privacy Act Officer or the appropriate System Manager 
determines that the information in a record is so sensitive that 
unauthorized access could cause harm or embarrassment to the individual 
whose record in involved, or if the individual making the request is 
unable to produce satisfactory evidence of identity under paragraph (b) 
or (d) of this section, the individual making the request may be 
required to submit a notarized statement attesting to his identity and 
his understanding of the criminal penalties provided under section 1001 
of title 18 of the United States Code for making false statements to a 
Government

[[Page 735]]

agency and under subsection (i)(3) of the Act for obtaining records 
under false pretenses. Copies of these statutory provisions and forms of 
such notarized statements may be obtained upon request from the Privacy 
Act Officer, Headquarters, Department of Energy, Washington, DC.
    (d) When an individual acting as the parent of a minor or the legal 
guardian of the person to whom a record pertains makes a request 
pursuant to Sec. 1008.6 of this part:
    (1) Such an individual shall establish his personal identity in the 
same manner required in either paragraph (b) or (c) of this section.
    (2) In addition, such an individual shall establish his identity in 
the 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 the 
legal guardian of a person 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 order from a court of competent jurisdiction.
    (3) A parent or legal guardian may act only for a living individual, 
not for a decedent. Requests for the records of decedents will be 
handled under the Freedom of Information Act (5 U.S.C. 552).