[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.2]



[Page 16]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.2  Purpose and scope.



    (a) This part implements section 3 of the Privacy Act of 1974, 5 

U.S.C. 552a (hereinafter referred to as the Act), by establishing agency 

policies and procedures for the maintenance of records. This part also 

establishes agency policies and procedures under which a subject 

individual may be given notification of or access to a record pertaining 

to him and policies and procedures under which a subject individual may 

have his record corrected or amended if he believes that his record is 

not accurate, timely, complete, or relevant or necessary to accomplish a 

Department function.

    (b) All components of the Department are governed by the provisions 

of this part. Also governed by the provisions of this part are advisory 

committees and councils within the meaning of the Federal Advisory 

Committee Act which provide advice to (1) any official or component of 

the Department or (2) the President and for which the Department has 

been delegated responsibility for providing services.

    (c) Employees of the Department governed by this part include all 

regular and special government employees of the Department; experts and 

consultants whose temporary (not in excess of 1 year) or intermittent 

services have been procured by the Department by contract pursuant to 

3109 of title 5, United States Code; volunteers where acceptance of 

their services are authorized by law; those individuals performing 

gratuitous services as permitted under conditions prescribed by the 

Office of Personnel Management; and, participants in work-study or 

training programs.

    (d) This part does not:

    (1) Make available to a subject individual records which are not 

retrieved by that individual's name or other personal identifier.

    (2) Make available to the general public records which are retrieved 

by a subject individual's name or other personal identifier or make 

available to the general public records which would otherwise not be 

available to the general public under the Freedom of Information Act, 5 

U.S.C. 552, and part 5 of this title.

    (3) Govern the maintenance or disclosure of, notification of or 

access to, records in the possession of the Department which are subject 

to regulations of another agency, such as personnel records subject to 

the regulations of the Office of Personnel Management.

    (4) Apply to grantees, including State and local governments or 

subdivisions thereof, administering federally funded programs.

    (5) Make available records compiled by the Department in reasonable 

anticipation of court litigation or formal administrative proceedings. 

The availability of such records to the general public or to any subject 

individual or party to such litigation or proceedings shall be governed 

by applicable constitutional principles, rules of discovery, and 

applicable regulations of the Department.