[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1212.201]



[Page 78-79]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1212_PRIVACY ACT_NASA REGULATIONS--Table of Contents

 

                    Subpart 1212.2_Access to Records

 

Sec. 1212.201  Requesting a record.



    (a) Individuals may request access to their Privacy Act records, 

either in person or in writing.

    (b) Individuals may also authorize a third party to have access to 

their Privacy Act records. This authorization shall be in writing, 

signed by the individual and contain the individual's address as well as 

the name and address of the representative being authorized access. The 

identities of both the subject individual and the representative must be 

verified in accordance with the procedures set forth in Sec. 1212.202 

of this part.

    (c)(1) Requests must be directed to the appropriate system manager, 

or, if unknown, to the NASA Headquarters or Field Installation 

Information Center. The request should be identified clearly on the 

envelope and on the letter as a ``Request Under the Privacy Act.''

    (2) Where possible, requests should contain the following 

information to ensure timely processing:

    (i) Name and address of subject.

    (ii) Identity of the system of records.

    (iii) Nature of the request.

    (iv) Identifying information specified in the applicable system 

notice to assist in identifying the request, such as location of the 

record, if known, full name, birth date, etc.

    (d) NASA has no obligation to comply with a nonspecific request for 

access to information concerning an individual, e.g., a request to 

provide copies of ``all information contained in your files concerning 

me,'' although a good faith effort will be made to locate records if 

there is reason to believe NASA has records on the individual. If the 

request is so incomplete or incomprehensible that the requested record 

cannot be identified, additional information or clarification will be 

requested in the acknowledgement, and assistance to the individual will 

be offered as appropriate.

    (e) If the information center receives a request for access, the 

Information Center will record the date of receipt and immediately 

forward the request to the responsible system manager for handling.

    (f) Normally, the system manager shall respond to a request for 

access within 10 work days of receipt of the request and the access 

shall be provided within 30 work days of receipt.

    (1) In response to a request for access, the system manager shall:

    (i) Notify the requester that there is no record on the individual 

in the system of records and inform the requester of the procedures to 

follow for appeal (See Sec. 1212.4);

    (ii) Notify the requester that the record is exempt from disclosure, 

cite the appropriate exemption, and inform the requester of the 

procedures to follow for appeal (See Sec. 1212.4);

    (iii) Upon request, promptly provide copies of the record, subject 

to the fee requirements (Sec. 1212.204); or

    (iv) Make the individual's record available for personal inspection 

in the presence of a NASA representative.

    (2) Unless the system manager agrees to another location, personal 

inspection of the record shall be at the location of the record as 

identified in the system notice.

    (3) When an individual requests records in a system of records 

maintained on a third party, the request shall be processed as a Freedom 

of Information Act (FOIA) request under 14 CFR part 1206. If the records 

requested are subject to release under FOIA (5 U.S.C. 552(b)), then a 

Privacy Act exemption may not be invoked to deny access.



[[Page 79]]



    (4) When an individual requests records in a system of records 

maintained on the individual, the request shall be processed under this 

part. NASA will not rely on exemptions contained in FOIA to withhold any 

record which is otherwise accessible to the individual under this part.