[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.8]



[Page 37-38]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.8  Appeals of refusals to correct or amend records.



    (a) Processing the appeal. (1) A subject individual who disagrees 

with a refusal to correct or amend his record may appeal the refusal in 

writing. All appeals shall be made to the following appeal authorities, 

or their designees, or successors in function:

    (i) Assistant Secretary for Administration and Management for 

records of the Office of the Secretary, or where the initial refusal to 

correct or amend was made by another appeal authority. The appeal 

authority for an initial refusal by the Assistant Secretary for 

Administration and Management is the Under Secretary.

    (ii) Assistant Secretary for Health for records of the Public Health 

Service including Office of Assistant Secretary for Health; Health 

Resources Administration; Health Services Administration; Alcohol, Drug 

Abuse, and Mental Health Administration; Center for Disease Control; 

National Institutes of Health; and Food and Drug Administration.

    (iii) Assistant Secretary for Education for records of the Office of 

the Assistant Secretary for Education, National Center for Education 

Statistics, National Institute of Education, and Office of Education.

    (iv) Assistant Secretary for Human Development for records of the 

Office of Human Development.

    (v) Commissioner of Social Security for records of the Social 

Security Administration.

    (vi) Administrator, Social and Rehabilitation Service for the 

records of the Social and Rehabilitation Service.

    (2) An appeal will be completed within 30 working days from its 

receipt by the appeal authority; except that, the appeal authority may 

for good cause extend this period for an additional 30 days. Should the 

appeal period be extended, the subject individual appealing the refusal 

to correct or amend the record will be informed in writing of the 

extension and the circumstances of the delay. The subject individual's 

request to amend or correct the record, the responsible Department 

official's refusal to correct or amend, and any other pertinent material 

relating to the appeal will be reviewed. No hearing will be held.

    (3) If the appeal authority agrees that the record subject to the 

appeal should be corrected or amended, the record will be amended and 

the subject individual will be informed in writing of the correction or 

amendment. Where an accounting was made of prior disclosures of the 

record, all previous recipients of the record will be informed of the 

corrective action taken.

    (4) If the appeal is denied, the subject individual will be informed 

in writing:

    (i) Of the denial and the reasons for the denial;



[[Page 38]]



    (ii) That he has a right to seek judicial review of the denial; and,

    (iii) That he may submit to the responsible Department official a 

concise statement of disagreement to be associated with the disputed 

record and disclosed whenever the record is disclosed.

    (b) Notation and disclosure of disputed records. Whenever a subject 

individual submits a statement of disagreement to the responsible 

Department official in accordance with paragraph (a)(4)(iii) of this 

section, the record will be noted to indicate that it is disputed. In 

any subsequent disclosure, a copy of the subject individual's statement 

of disagreement will be disclosed with the record. If the responsible 

Department official deems it appropriate, a concise statement of the 

appeal authority's reasons for denying the subject individual's appeal 

may also be disclosed with the record. While the subject individual will 

have access to this statement of reasons, such statement will not be 

subject to correction or amendment. Where an accounting was made of 

prior disclosures of the record, all previous recipients of the record 

will be provided a copy of the subject individual's statement of 

disagreement, as well as the statement, if any, of the appeal 

authority's reasons for denying the subject individual's appeal.