[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.7]



[Page 36-37]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.7  Procedures for correction or amendment of records.



    (a) Any subject individual may request that his record be corrected 

or amended if he believes that the record is not accurate, timely, 

complete, or relevant or necessary to accomplish a Department function. 

A subject individual making a request to amend or correct his record 

shall address his request to the responsible Department official in 

writing; except that, the request need not be in writing if the subject 

individual makes his request in person and the responsible Department 

official corrects or amends the record at that time. The subject 

individual shall specify in each request:

    (1) The system of records from which the record is retrieved;

    (2) The particular record which he is seeking to correct or amend;

    (3) Whether he is seeking an addition to or a deletion or 

substitution of the record; and,

    (4) His reasons for requesting correction or amendment of the 

record.

    (b) A request for correction or amendment of a record will be 

acknowledged within 10 working days of its receipt unless the request 

can be



[[Page 37]]



processed and the subject individual informed of the responsible 

Department official's decision on the request within that 10 day period.

    (c) If the responsible Department official agrees that the record is 

not accurate, timely, or complete based on a preponderance of the 

evidence, the record will be corrected or amended. The record will be 

deleted without regard to its accuracy, if the record is not relevant or 

necessary to accomplish the Department function for which the record was 

provided or is maintained. In either case, the subject individual will 

be informed in writing of the correction, amendment, or deletion and, if 

accounting was made of prior disclosures of the record, all previous 

recipients of the record will be informed of the corrective action 

taken.

    (d) If the responsible Department official does not agree that the 

record should be corrected or amended, the subject individual will be 

informed in writing of the refusal to correct or amend the record. He 

will also be informed that he may appeal the refusal to correct or amend 

his record to the appropriate appeal authority listed in Sec.  5b.8 of 

this part. The appropriate appeal authority will be identified to the 

subject individual by name, title, and business address.

    (e) Requests to correct or amend a record governed by the regulation 

of another government agency, e.g., Civil Service Commission, Federal 

Bureau of Investigation, will be forwarded to such government agency for 

processing and the subject individual will be informed in writing of the 

referral.