[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.4]



[Page 16-17]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.4  Maintenance of records.



    (a) No record will be maintained by the Department unless:

    (1) It is relevant and necessary to accomplish a Department function 

required to be accomplished by statute or Executive Order;

    (2) It is acquired to the greatest extent practicable from the 

subject individual when maintenance of the record may result in a 

determination about the subject individual's rights, benefits or 

privileges under Federal programs;



[[Page 17]]



    (3) The individual providing the record is informed of the authority 

for providing the record (including whether the providing of the record 

is mandatory or voluntary, the principal purpose for maintaining the 

record, the routine uses for the record, what effect his refusal to 

provide the record may have on him), and if the record is not required 

by statute or Executive Order to be provided by the individual, he 

agrees to provide the record.

    (b) No record will be maintained by the Department which describes 

how an individual exercises rights guaranteed by the First Amendment 

unless expressly authorized (1) by statute, or (2) by the subject 

individual, or (3) unless pertinent to and within the scope of an 

authorized law enforcement activity.