[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.9]



[Page 19-21]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.9  Disclosure of records.



    (a) Consent to disclosure by a subject individual. (1) Except as 

provided in paragraph (b) of this section authorizing disclosures of 

records without consent, no disclosure of a record will be made without 

the consent of the subject individual. In each case the consent, whether 

obtained from the subject individual at the request of the Department or 

whether provided to the Department by the subject individual on his own 

initiative, shall be in writing. The consent shall specify the 

individual, organizational unit or class of individuals or 

organizational units to



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whom the record may be disclosed, which record may be disclosed and, 

where applicable, during which time frame the record may be disclosed 

(e.g., during the school year, while the subject individual is out of 

the country, whenever the subject individual is receiving specific 

services). A blanket consent to disclose all of a subject individual's 

records to unspecified individuals or organizational units will not be 

honored. The subject individual's identity and, where applicable (e.g., 

where a subject individual gives consent to disclosure of a record to a 

specific individual), the identity of the individual to whom the record 

is to be disclosed shall be verified.

    (2) A parent or guardian of any minor is not authorized to give 

consent to a disclosure of the minor's medical record.

    (b) Disclosures without the consent of the subject individual. The 

disclosures listed in this paragraph may be made without the consent of 

the subject individual. Such disclosures are:

    (1) To those officers and employees of the Department who have a 

need for the record in the performance of their duties. The responsible 

Department official may upon request of any officer or employee, or on 

his own initiative, determine what constitutes legitimate need.

    (2) Required to be disclosed under the Freedom of Information Act, 5 

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

    (3) For a routine use as defined in paragraph (j) of Sec.  5b.1. 

Routine uses will be listed in any notice of a system of records. 

Routine uses published in Appendix B are applicable to more than one 

system of records. Where applicable, notices of systems of records may 

contain references to the routine uses listed in Appendix B. Appendix B 

will be published with any compendium of notices of systems of records.

    (4) To the Bureau of the Census for purposes of planning or carrying 

out a census or survey or related activity pursuant to the provisions of 

title 13 U.S.C.

    (5) To a recipient who has provided the agency with advance written 

assurance that the record will be used solely as a statistical research 

or reporting record; Provided, That, the record is transferred in a form 

that does not identify the subject individual.

    (6) To the National Archives of the United States as a record which 

has sufficient historical or other value to warrant its continued 

preservation by the United States Government, or for evaluation by the 

Administrator of General Services or his designee to determine whether 

the record has such value.

    (7) To another government agency or to an instrumentality of any 

governmental jurisdiction within or under the control of the United 

States for a civil or criminal law enforcement activity if the activity 

is authorized by law, and if the head of such government agency or 

instrumentality has submitted a written request to the Department 

specifying the record desired and the law enforcement activity for which 

the record is sought.

    (8) To an individual pursuant to a showing of compelling 

circumstances affecting the health or safety of any individual if a 

notice of the disclosure is transmitted to the last known address of the 

subject individual.

    (9) To either House of Congress, or to the extent of matter within 

its jurisdiction, any committee or subcommittee thereof, any joint 

committee of Congress or subcommittee of any such joint committee.

    (10) To the Comptroller General, or any of the Comptroller General's 

authorized representatives, in the course of the performance of the 

duties of the General Accounting Office.

    (11) Pursuant to the order of a court of competent jurisdiction.

    (c) Accounting of disclosures. (1) An accounting of all disclosures 

of a record will be made and maintained by the Department for 5 years or 

for the life of the record, whichever is longer; except that, such an 

accounting will not be made:

    (i) For disclosures under paragraphs (b) (1) and (2) of this 

section; and,

    (ii) For disclosures made with the written consent of the subject 

individual.

    (2) The accounting will include:

    (i) The date, nature, and purpose of each disclosure; and



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    (ii) The name and address of the person or entity to whom the 

disclosure is made.

    (3) Any subject individual may request access to an accounting of 

disclosures of a record. The subject individual shall make a request for 

access to an accounting in accordance with the procedures in Sec.  5b.5 

of this part. A subject individual will be granted access to an 

accounting of the disclosures of a record in accordance with the 

procedures of this part which govern access to the related record. 

Access to an accounting of a disclosure of a record made under paragraph 

(b)(7) of this section may be granted at the discretion of the 

responsible Department official.