[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: 15CFR2005.5]



[Page 461]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2005_SAFEGUARDING INDIVIDUAL PRIVACY--Table of Contents

 

Sec. 2005.5  Requests to amend records.



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

a record that pertains to them in a system of records maintained by STR 

must submit their request in writing in accordance with the procedures 

set forth herein unless this requirement is waived by the official 

having responsibility for the system of records. Records not subject to 

the Privacy Act of 1974 will not be amended in accordance with these 

provisions. However, individuals who believe that such records are 

inaccurate may bring this to the attention of STR.

    (b) Procedures. (1)(i) The request to amend a record in a system of 

records shall be addressed to the Administrative Officer. Included in 

the request shall be the name of the system and a brief description of 

the record proposed for amendment. In the event the request to amend the 

record is the result of the individual's having gained access to the 

record in accordance with the provisions concerning access to records as 

set forth above, copies of previous correspondence between the 

individual and STR will serve in lieu of a separate description of the 

record.

    (ii) When the individual's identity has been previously verified 

pursuant to Sec. 2005.2(b)(2)(vi) herein, further verification of 

identity is not required as long as the communication does not suggest 

that a need for verification has reappeared. If the individual's 

identity has not been previously verified, STR may require 

identification validation as described in Sec. 2005.2(b)(2)(vi). 

Individuals desiring assistance in the preparation of a request to amend 

a record should contact the Administrative Officer at the address cited 

above.

    (iii) The exact portion of the record the individual seeks to have 

amended should be clearly indicated. If possible, the proposed 

alternative language should also be set forth, or at a minimum, the 

facts which the individual believes are not accurate, relevant, timely, 

or complete should be set forth with such particularity as to permit STR 

not only to understand the individual's basis for the request, but also 

to make an appropriate amendment to the record.

    (iv) The request must also set forth the reasons why the individual 

believes his record is not accurate, relevant, timely, or complete. In 

order to avoid the retention by STR of personal information merely to 

permit verification of records, the burden of persuading STR to amend a 

record will be upon the individual. The individual must furnish 

sufficient facts to persuade the official in charge of the system of the 

inaccuracy, irrelevancy, untimeliness, or incompleteness of the record.

    (2) STR action on the request. To the extent possible, a decision 

upon a request to amend a record will be made within 10 days, excluding 

Saturdays, Sundays, and legal Federal holidays. In the event a decision 

cannot be made within this time frame, the individual making the request 

will be informed within 10 days of the expected date for a decision. The 

decision upon a request for amendment will include the following:

    (i) The decision of the STR whether to grant in whole, or deny any 

part of the request to amend the record.

    (ii) The reasons for the determination for any portion of the 

request which is denied.

    (iii) The name and address of the official with whom an appeal of 

the denial may be lodged.

    (iv) The name and address of the official designated to assist, as 

necessary, and upon request of, the individual making the request in the 

preparation of the appeal.

    (v) A description of the review of the appeal within STR (see Sec. 

2005.6).

    (vi) A description of any other procedures which may be required of 

the individual in order to process the appeal.