[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: 8CFR103.28]



[Page 66]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 103.28  Requests for correction of records.



    (a) How made. A request for amendment or correction is made by the 

individual concerned, either in person or by mail, by addressing the 

written request to the FOIA/PA Officer at the location where the record 

is maintained. The requester's identity must be established as provided 

in Sec. 103.21 of this part. The request must indicate the particular 

record involved, the nature of the correction sought, and the 

justification. A request made by mail should be addressed to the FOIA/PA 

Officer at the location where the system of records is maintained and 

the request and envelope must be clearly marked ``Privacy Correction 

Request.'' Where the requester cannot determine the precise location of 

the system of records or believes that the same record appears in more 

than one system, the request may be addressed to the Headquarters FOIA/

PA Officer, Immigration and Naturalization Service, 425 I Street, NW., 

Washington, DC 20536. That officer will assist the requester in 

identifying the location of the records.

    (b) Initial determination. Within 10 working days of the receipt of 

the request, the appropriate Service official shall advise the requester 

that the request has been received. If a correction is to be made, the 

requester shall be advised of the right to obtain a copy of the 

corrected record upon payment of the standard fee, established in 28 CFR 

16.47. If a correction or amendment is refused, in whole or in part, the 

requester shall be given the reasons and advised of the right to appeal 

to the Assistant Attorney General under 28 CFR 16.50.

    (c) Appeals. A refusal, in whole or in part, to amend or correct a 

record may be appealed as provided in 28 CFR 16.50.

    (d) Appeal determinations. 28 CFR 16.50 provides for appeal 

determinations.

    (e) Statements of disagreement. Statements of disagreement may be 

furnished by the individual in the manner prescribed in 28 CFR 16.50.

    (f) Notices of correction or disagreement. When a record has been 

corrected, the responsible official as specified in Sec. 103.10(a) of 

this part shall, within thirty working days thereof, advise all prior 

recipients of the record whose identity can be determined pursuant to 

the accounting required by the Privacy Act or any other accounting 

previously made, of the correction. Any dissemination of a record after 

the filing of a statement of disagreement shall be accompanied by a copy 

of that statement. Any statement of the Service giving reasons for 

refusing to correct shall be included in the file.



[40 FR 44481, Sept. 26, 1975, as amended at 48 FR 49653, Oct. 27, 1983; 

48 FR 51431, Nov. 9, 1983; 58 FR 31150, June, 1, 1993]