[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR2005.2]



[Page 458-460]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2005_SAFEGUARDING INDIVIDUAL PRIVACY--Table of Contents

 

Sec. 2005.2  Requests for access.



    (a) Requirement for written requests. Individuals desiring to gain 

access to a record pertaining to them in a system of records maintained 

by STR must submit their request in writing in accordance with the 

procedures set forth in paragraph (b) of this section. Individuals who 

are employed by the STR may make their request on a regularly scheduled 

workday (Monday through Friday, excluding legal Federal holidays) 

between the hours of 9 am and 5:30 pm. Such requests for access by 

individuals employed by STR need not be made in writing.

    (b) Procedures--(1) Content of the request. The request for access 

to a record in a system of records shall be addressed to the 

Administrative Officer at the address cited above, and shall name the 

system of records or contain a description (as concise as possible) of 

such system of records. The request



[[Page 459]]



should state that the request is pursuant to the Privacy Act of 1974. In 

the absence of such a statement, if the request is for a record 

pertaining to the person requesting access which is maintained by STR in 

a system of records, the request will be presumed to be made under the 

Privacy Act of 1974. The request should contain necessary information to 

verify the identity of the person requesting access (see paragraph 

(b)(2)(vi) of this section). In addition, such person should include any 

other information which may assist in the rapid identification of the 

record for which access is being requested (e.g. maiden name, dates of 

employment, etc.) as well as any other identifying information contained 

in and required by the STR Notice of Systems of Records.

    (i) If the request for access follows a prior request under Sec. 

2005.1, the same identifying information need not be included in the 

request for access if a reference is made to that prior correspondence 

or a copy of the STR response to that request is attached. If the 

individual specifically desires a copy of the record, the request should 

so specify under Sec. 2005.4.

    (2) STR action on request. A request for access will ordinarily be 

answered within 10 days, except when the Administrative Officer 

determines otherwise, in which case the person making the request will 

be informed of the reasons for the delay and an estimated date by which 

the request will be answered. When the request can be answered within 10 

days, it shall include the following:

    (i) A statement that there is a record as request or a statement 

that there is not a record in the systems of records maintained by STR;

    (ii) A statement as to whether access will be granted only by 

providing a copy of the record through the mail; or the address of the 

location and the date and time at which the record may be examined. In 

the event the person requesting access is unable to meet the specified 

date and time, alternative arrangements may be made with the official 

specified in paragraph (b)(1) of this section.

    (iii) A statement, when appropriate, that examination in person will 

be the sole means of granting access only when the Administrative 

Officer has determined that it would not unduly impede the right of 

access of the person making the request.

    (iv) The amount of fees charged, if any (see Sec. Sec. 2005.6 and 

2005.7). (Fees are applicable only to requests for copies);

    (v) The name, title, and telephone number of the STR official having 

operational control over the record; and

    (vi) The documentation required by STR to verify the identity of the 

person making the request. At a minimum, STR verification standards 

include the following:

    (A) Current or former STR Employees. Current or former STR employees 

requesting access to a record pertaining to them in a system of records 

maintained by STR may, in addition to the other requirements of this 

section, and at the sole discretion of the official having operational 

control over the record, have his or her identity verified by visual 

observation. If the current or former STR employee cannot be so 

identified by the official having operational control over the records, 

identification documentation will be required. Employee identification 

cards, annuitant identification, driver licenses, or the ``employee 

copy'' of any official personnel document in the record are examples of 

acceptable identification validation.

    (B) Other than current or former STR employees. Individuals other 

than current or former STR employees requesting access to a record 

pertaining to them in a system of records maintained by STR must produce 

identification documentation of the type described in paragraph 

(b)(2)(vi)(A) of this section, prior to being granted access. The extent 

of the identification documentation required will depend on the type of 

record for which access is requested. In most cases, identification 

verification will be accomplished by the presentation of two forms of 

identification. Any additional requirements will be specified in the 

system notices published pursuant to 5 U.S.C. 552a(e)(4).



[[Page 460]]



    (C) Access granted by mail. For records to be made accessible by 

mail, the Administrative Officer shall, to the extent possible, 

establish identity by a comparison of signatures in situations where the 

data in the record is not so sensitive that unauthorized access could 

cause harm or embarrassment to the individual to whom they pertain. No 

identification documentation will be required for the disclosure to the 

person making the request of information required to be made available 

to the public by 5 U.S.C. 552. When, in the opinion of the 

Administrative Officer the granting of access through the mail could 

reasonably be expected to result in harm or embarrassment if disclosed 

to a person other than the individual to whom the record pertains, a 

notarized statement of identity or some similar assurance of identity 

will be required.

    (D) Unavailability of identification documentation. If an individual 

is unable to produce adequate identification documentation the 

individual will be required to sign a statement asserting identity and 

acknowledging that knowingly or willfully seeking or obtaining access to 

records about another person under false pretenses may result in a fine 

of up to $5,000. In addition, depending upon the sensitivity of the 

records to which access is sought, the official having operational 

control over the records may require such further reasonable assurances 

as may be considered appropriate; e.g., statements of other individuals 

who can attest to the identity of the person making the request.

    (E) Access by the parent of a minor, or by a legal guardian. A 

parent of a minor, upon presenting suitable personal identification, may 

act on behalf of the minor to gain access to any record pertaining to 

the minor maintained by STR in a system of records. A legal guardian may 

similarly act on behalf of an individual declared to be incompetent due 

to physical or mental incapacity or age by a court of competent 

jurisdiction, upon the presentation of the documents authorizing the 

legal guardian to so act, and upon suitable personal identification of 

the guardian.

    (F) Granting access when accompanied by another individual. When an 

individual requesting access to his or her record in a system of records 

maintained by STR wishes to be accompanied by another individual during 

the course of the examination of the record, the individual making the 

request shall submit to the official having operational control of the 

record, a signed statement authorizing that person access to the record.

    (G) Denial of access for inadequate identification documentation. If 

the official having operation control over the records in a system of 

records maintained by STR determines that an individual seeking access 

has not provided sufficient identification documentation to permit 

access, the official shall consult with the Administrative officer prior 

to finally denying the individual access.

    (vii) Medical records. The records in a system of records which are 

medical records shall be disclosed to the individual to whom they 

pertain in such manner and following such procedures as the 

Administrative Officer shall direct. When STR in consultation with a 

physician, determines that the disclosure of medical information could 

have an adverse effect upon the individual to whom it pertains, STR may 

transmit such information to a physician named by the individual.

    (viii) Exceptions. Nothing in this section shall be construed to 

entitle an individual the right to access to any information compiled in 

reasonable anticipation of a civil action or proceedings.