[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.4]



[Page 18]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

                         Subpart A_Basic Policy

 

Sec.  5.4  Relationship between the FOIA and the Privacy Act of 1974.



    (a) Coverage. The FOIA and this rule apply to all HHS records. The 

Privacy Act, 5 U.S.C. 552a, applies to records that are about 

individuals, but only if the records are in a system of records. 

``Individuals'' and ``system of records'' are defined in the Privacy Act 

and in our Privacy Act regulation, part 5b of this title.

    (b) Requesting your own records. If you are an individual and 

request records, then to the extent you are requesting your own records 

in a system of records, we will handle your request under the Privacy 

Act and part 5b. If there is any record that we need not release to you 

under those provisions, we will also consider your request under the 

FOIA and this rule, and we will release the record to you if the FOIA 

requires it.

    (c) Requesting another individual's record. Whether or not you are 

an individual, if you request records that are about an individual 

(other than yourself) and that are in a system of records, we will 

handle your request under the FOIA and this rule. (However, if our 

disclosure in response to your request would be permitted by the Privacy 

Act's disclosure provision, 5 U.S.C. 552a(b), for reasons other than the 

requirements of the FOIA, and if we decide to make the disclosure, then 

we will not handle your request under the FOIA and this rule. For 

example, when we make routine use disclosures pursuant to requests, we 

do not handle them under the FOIA and this rule. ``Routine use'' is 

defined in the Privacy Act and in Part 5b). If we handle your request 

under the FOIA and this rule and the FOIA does not require releasing the 

record to you, then the Privacy Act may prohibit the release and remove 

our discretion to release.