[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 8CFR103.21]



[Page 63-64]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents

 

Sec. 103.21  Access by individuals to records maintained about them.



    (a) Access to available records. An individual who seeks access to 

records about himself or herself in a system of records must submit a 

written request in person or by mail to the Freedom of Information/

Privacy Act Officer at the location where the records are maintained. If 

the location is unknown, the request may be submitted to the nearest 

Service office or to the Headquarters FOIA/PA Officer, 425 I Street, 

NW., Washington, DC 20536. The outside of the envelope should be marked 

``Privacy Act Request.'' A Form G-639, Freedom of Information/Privacy 

Act Request may be used for convenience and to facilitate identification 

of the record requested. However, a request may be made in any written 

form and should clearly identity the record sought by the name and any 

other personal identifiers for the individual (such as the alien file 

number or Social Security Account Number), date and place of birth, and 

type of file in which the record is believed to be located.

    (b) Verification of identity. The following standards are applicable 

to any individual who requests records concerning himself, unless other 

provisions for identity verification are specified in the published 

notice pertaining to the particular system of records.

    (1) An individual seeking access to records about himself in person 

shall establish his identity by the presentation of a single document 

bearing a photograph (such as a passport, Permanent Resident Card or 

identification badge) or by the presentation of two items of 

identification which do not bear a photograph but do bear both a name 

and address (such as a driver's license, or credit card).

    (2) Individuals seeking access to records about themselves by mail 

shall establish their identify by submitting a notarized signature along 

with their address, date of birth, place of birth, and alien or employee 

identification number if applicable. Form DOJ 361, Certification of 

Identity, may be obtained from any Service office and used to obtain the 

notarized signature needed to verify identity.

    (c) Verification of guardianship. The parent or guardian of a child 

or of a person judicially determined to be incompetent and seeking to 

act on behalf of such child or incompetent, shall, in addition to 

establishing his own identity, establish the identity of the child or 

other person he represents as required in paragraph (b) of this section, 

and establish his own parentage or guardianship of the subject of the 

record by furnishing either a copy of a birth certificate showing 

parentage or a court order establishing the guardianship.

    (d) Accompanying persons. An individual seeking to review records 

pertaining to himself may be accompanied by another individual of his 

own choosing. Both the individual seek ing access and the individual 

accompanying him shall be required to sign the required form indicating 

that the Service is authorized to discuss the contents of the subject 

record in the presence of both individuals.

    (e) Specification of records sought. Requests for access to records, 

either in person or by mail, shall describe the nature of the records 

sought, the approximate dates covered by the record, the system in which 

it is thought to be included as described in the ``Notice of Systems of 

Records'' published in the Federal Register, and the identity of



[[Page 64]]



the individual or office of the Service having custody of the system of 

records. In addition, the published ``Notice of Systems of Records'' for 

individual systems may include further requirements of specification, 

where necessary, to retrieve the individual record from the system.

    (f) Agreement to pay fees. In accordance with 28 CFR 16.3(c) a 

requester automatically agrees to pay fees up to $25.00 by filing a 

Privacy Act request unless a waiver or reduction of fees is sought. 

Accordingly, all letters of acknowledgement must confirm the requester's 

obligation to pay.



[40 FR 44481, Sept. 26, 1975; 40 FR 46092, Oct. 6, 1975, as amended at 

42 FR 33025, June 29, 1977; 48 FR 49653, Oct. 27, 1983; 58 FR 31149, 

June 1, 1993; 63 FR 70315, Dec. 21, 1998]