[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR297.401]

[Page 118-119]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 297_PRIVACY PROCEDURES FOR PERSONNEL RECORDS--Table of Contents
 
                     Subpart D_Disclosure of Records
 
Sec. 297.401  Conditions of disclosure.


    An official or employee of the Office or agency should not disclose 
a record retrieved from a Governmentwide system of records to any 
person, another agency, or other entity without the express written 
consent of the subject individual unless disclosure is--
    (a) To officers or employees of the Office who have a need for the 
information in the performance of their duties.
    (b) Required by the provisions of the Freedom of Information Act.
    (c) For a routine use as published in the Federal Register.
    (d) To the Bureau of the Census for uses pursuant to title 13 of the 
United States Code.
    (e)(1) To a recipient who has provided the agency with advance 
adequate written assurance that the record will be used solely as a 
statistical research or reporting record. The record will be transferred 
in a form that is not individually identifiable. The written statement 
should include as a minimum:
    (i) A statement of the purpose for requesting the records; and
    (ii) Certification that the records will be used only for 
statistical purposes.
    (2) These written statements should be maintained as records. In 
addition to deleting personal identifying information from records 
released for statistical purposes, the system manager will reasonably 
ensure that the identity of the individual cannot be deduced by 
combining various statistical records.
    (f) To the National Archives of the United States as a record that 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Archivist of the United States or his or her designee to determine 
whether the record has such value.
    (g) To another agency or 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 the agency or instrumentality or his 
designated representative has made a written request to the Office or 
agency that maintains the record specifying the particular portion 
desired and the law enforcement activity for which the record is sought.

[[Page 119]]

    (h) To a person showing compelling circumstances affecting the 
health and safety of an individual, not necessarily the individual to 
whom the record pertains. Upon such disclosure, a notification should be 
sent to the last known address of the subject individual.
    (i) To the Congress or to a Congressional committee, subcommittee, 
or joint committee to the extent that the subject matter falls within 
its established jurisdiction.
    (j) To the Comptroller General or any authorized representatives of 
the Comptroller General in the course of the performance of the duties 
of the General Accounting Office.
    (k) Pursuant to the order of a court of competent jurisdiction.
    (l) To a consumer reporting agency in accordance with section 3711 
(f) of title 31 of the United States Code.