[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: 10CFR1008.5]

[Page 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. 1008.5  Effect of the Freedom of Information Act (FOIA).

    (a) DOE shall not rely on any exemption contained in the Freedom of 
Information Act (5 U.S.C. 552) to withhold from the individual to whom 
it pertains, any record which is otherwise accessible to such individual 
under this part.
    (b) DOE shall rely on subsection (b) of the Privacy Act to withhold 
information from a person other than the person to whom the record 
pertains only when the information is also exempt from disclosure under 
the FOIA.
    (c) Where a request for access to rec ords is submitted pursuant to 
both the FOIA and the Privacy Act, the DOE shall, to the maximum extent 
possible, process the request under the provisions of this part, 
including the time limits of this part.