[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: 45CFR5b.2]



[Page 32-33]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

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.



[[Page 33]]



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

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

    (1) Certain non-Federal entities which operate as agents of the 

Department for purposes of carrying out Federal functions, such as 

intermediaries and carriers performing functions under contracts and 

agreements entered into pursuant to sections 1816 and 1842 of the Social 

Security Act, 42 U.S.C. 1395h and 1395u.

    (2) Advisory committees and councils within the meaning of the 

Federal Advisory Committee Act which provide advice to (i) any official 

or component of the Department or (ii) 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; members of 

the Public Health Service Commissioned Corps; 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 Civil Service Commission; 

and, participants in work-study or training programs.

    (d) Where other statutes mandate procedures which are inconsistent 

with the procedures set forth in this part, components of the Department 

may issue supplementary regulations containing procedures necessary to 

comply with such statutes. In addition, components of the Department may 

supplement by regulation the policies and procedures set forth in this 

part to meet particular needs of the programs administered by such 

components.

    (e) 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 Civil Service Commission.

    (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 and any of its components.