[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: 8CFR103.31]



[Page 67]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 103.31  Notices of subpoenas and emergency disclosures.



    (a) Subpoenas. When records concerning an individual are subpoenaed 

by a Grand Jury, court, or a quasijudicial agency, the official served 

with the subpoena shall be responsible for assuring that notice of its 

issuance is provided to the individual. Notice shall be provided within 

10 days of the service of the subpoena or, in the case of a Grand Jury 

subpoena, within 10 days of its becoming a matter of public record. 

Notice shall be mailed to the last known address of the individual and 

shall contain the following information: The date the subpoena is 

returnable, the court in which it is returnable, the name and number of 

the case or proceeding, and the nature of the information sought. Notice 

of the issuance of subpoenas is not required if the system of records 

has been exempted from the notice requirement pursuant to 5 U.S.C. 

552a(j), by a Notice of Exemption published in the Federal Register.

    (b) Emergency disclosures. If information concerning an individual 

has been disclosed to any person under compelling circumstances 

affecting health or safety, the individual shall be notified at his last 

known address within 10 working days of the disclosure. Notification 

shall include the following information: The nature of the information 

disclosed, the person or agency to whom it was disclosed, the date of 

the disclosure, and the compelling circumstances justifying the 

disclosure. Notification shall be given by the officer who made or 

authorized the disclosure.