[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR5b.1]



[Page 15-16]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.1  Definitions.









Sec.

5b.1 Definitions.

5b.2 Purpose and scope.

5b.3 Policy.

5b.4 Maintenance of records.

5b.5 Notification of or access to records.

5b.7 Procedures for correction or amendment of records.

5b.8 Appeals of refusals to correct or amend records.

5b.9 Disclosure of records.

5b.10 Parents and guardians.

5b.11 Exempt systems.

5b.12 Contractors.

5b.13 Fees.



Appendix A to Part 5b--Employee Standards of Conduct

Appendix B to Part 5b--Routine Uses Applicable to More Than One System 

          of Records Maintained by ED



    Authority: 5 U.S.C. 301, 5 U.S.C. 552a.



    Source: 45 FR 30808, May 9, 1980, unless otherwise noted.





    As used in this part:

    (a) Access means availability of a record to a subject individual.

    (b) Agency means the Department of Education.

    (c) Department means the Department of Education.

    (d) Disclosure means the availability or release of a record to 

anyone other than the subject individual.

    (e) Individual means a living person who is a citizen of the United 

States or an alien lawfully admitted for permanent residence. It does 

not include persons such as sole proprietorships, partnerships, or 

corporations. A business firm which is identified by the name of one or 

more persons is not an individual within the meaning of this part.

    (f) Maintain means to maintain, collect, use, or disseminate when 

used in connection with the term ``record''; and, to have control over 

or responsibility for a system of records when used in connection with 

the term ``system of records.''

    (g) Notification means communication to an individual whether he is 

a subject individual.

    (h) Record means any item, collection, or grouping of information 

about an individual that is maintained by the Department, including but 

not limited to the individual's education, financial transactions, 

medical history, and criminal or employment history and that contains 

his name, or an identifying number, symbol, or other identifying 

particular assigned to the individual, such as a finger or voice print 

or a photograph. When used in this part, record means only a record 

which is in a system of records.

    (i) Responsible Department official means that officer who is listed 

in a notice of a system of records as the system manager for a given 

system of records or another individual listed in the notice of a system 

of records to whom requests may be made, or the designee of either such 

officer or individual.

    (j) Routine use means the disclosure of a record outside the 

Department, without the consent of the subject individual, for a purpose 

which is compatible with the purpose for which the record was collected. 

It includes disclosures required to be made by statute other than the 

Freedom of Information Act, 5 U.S.C. 552. It does not include 

disclosures which are permitted to be made without the consent of the 

subject individual which are not compatible with the purpose for which 

it was collected such as disclosures to the Bureau of the Census, the 

General Accounting Office, or to Congress.

    (k) Secretary means the Secretary of Education.

    (l) Statistical record means a record maintained for statistical 

research or reporting purposes only and not maintained to make 

determinations about a particular subject individual.

    (m) Subject individual means that individual to whom a record 

pertains.

    (n) System of records means any group of records under the control 

of the Department from which a record is retrieved by personal 

identifier such as the name of the individual, number, symbol or other 

unique retriever assigned to the individual. Single records or groups of 

records which are not retrieved by a personal identifier are not part of 

a system of records. Papers maintained by individual employees of the 

Department which are prepared, maintained, or discarded at the 

discretion of the employee and which are not



[[Page 16]]



subject to the Federal Records Act, 44 U.S.C. 2901, are not part of a 

system of records; Provided, That such personal papers are not used by 

the employee or the Department to determine any rights, benefits, or 

privileges of individuals.



[45 FR 30808, May 9, 1980; 45 FR 37426, June 3, 1980]