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  <FDSYS>
    <CFRTITLE>5</CFRTITLE>
    <CFRTITLETEXT>Administrative Personnel</CFRTITLETEXT>
    <VOL>2</VOL>
    <DATE>2004-01-01</DATE>
    <ORIGINALDATE>2004-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>REGULATIONS GOVERNING EMPLOYEES OF THE OFFICE OF PERSONNEL MANAGEMENT</TITLE>
    <GRANULENUM>C</GRANULENUM>
    <HEADING>SUBCHAPTER C</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 5" SEQ="1">Administrative Personnel</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="0">OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SUBCHAP TYPE="P">
    <PRTPAGE P="606"/>
    <HD SOURCE="HED">SUBCHAPTER C—REGULATIONS GOVERNING EMPLOYEES OF THEOFFICE OF PERSONNEL MANAGEMENT</HD>
    <PART>
      <EAR>Pt. 1001</EAR>
      <HD SOURCE="HED">PART 1001—EMPLOYEE RESPONSIBILITIES AND CONDUCT</HD>
      <CONTENTS>
        <SECTNO>1001.101</SECTNO>
        <SUBJECT>Cross-reference to financial disclosure requirementsand other conduct rules.</SUBJECT>
        <SECTNO>1001.102</SECTNO>
        <SUBJECT>Privacy Act rules of conduct.</SUBJECT>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>5 U.S.C. 552a, 7301.</P>
      </AUTH>
      <SECTION>
        <SECTNO>§ 1001.101</SECTNO>
        <SUBJECT>Cross-reference to financial disclosure requirements and other conductrules.</SUBJECT>
        <P>In addition to the regulations contained in this part, employees of theOffice of Personnel Management (OPM) should refer to:</P>
        <P>(a) The Standards for Ethical Conduct for Employees of the Executive Branchat 5 CFR part 2635;</P>
        <P>(b) The OPM regulations at 5 CFR part 4501, which supplement the executivebranch-wide standards;</P>
        <P>(c) The Employee Responsibilities and Conduct regulations at 5 CFR part 735;</P>
        <P>(d) The executive branch financial disclosure regulations at 5 CFR part 2634;</P>
        <P>(e) The executive branch outside employment regulations at 5 CFR part 2636;and</P>
        <P>(f) The restrictions upon use of political referrals in employment matters at5 U.S.C. 3303.</P>
        <CITA>[61 FR 36996, July 16, 1996]</CITA>
      </SECTION>
      <SECTION>
        <SECTNO>§ 1001.102</SECTNO>
        <SUBJECT>Privacy Act rules of conduct.</SUBJECT>
        <P>(a) An employee should avoid any action which results in the appearance ofusing public office to collect or gain access to personal data about individualsbeyond that required by or authorized for the performance of assigned duties.</P>
        <P>(b) An employee should not use any personal data about individuals for anypurpose other than required and authorized in the performance of assignedduties; or disclose any such information to other agencies or persons notexpressly authorized to receive or have access to such information, and shouldmake any such authorized disclosures in acordance with established regulationsand procedures.</P>
        <P>(c) Each employee, and especially an employee who has access to or is engagedin any way in the handling of information subject to the Privacy Act of 1974,shall acquaint himself or herself with the regulations of this subsection aswell as the pertinent provisions of the Privacy Act relating to the treatment ofsuch information. Particular attention is directed to the following provisionsof the Privacy Act:</P>
        <P>(1) 5 U.S.C. 552a(e)(7)—The prohibition against maintaining anyinformation regarding how any individual exercises First Amendment rights(including political or religious beliefs, and the freedom of speech, press, andassembly) unless expressly authorized by statute or the individual.</P>
        <P>(2) 5 U.S.C. 552a(b)—The prohibition against disclosure of certainpersonal data without the prior written consent of the individual, except undercertain limited conditions.</P>
        <P>(3) 5 U.S.C. 552a(e)(1)—The prohibition against collecting ormaintaining any personal data about individuals, except as necessary andrelevant to perform a function of the Office which is authorized by statute orExecutive order.</P>
        <P>(4) 5 U.S.C. 552a(e)(2)—The requirement to collect information whichmay result in an adverse determination about an individual from that individualwhenever practicable.</P>
        <P>(5) 5 U.S.C. 552a(e)(3)—The requirement to inform individuals from whominformation about themselves is solicited of the authority under which thesolicitation is made and whether the disclosure of the information is mandatory,the purposes for which the information will be used, the routine uses which maybe made of the information, and the consequences of failure to provide suchinformation.</P>

        <P>(6) 5 U.S.C. 552a(b) and (e)(10)—The obligation of employees to complywith established safeguards and procedures to protect personal data fromanticipated threats or hazards to the security or integrity of the data which <PRTPAGE P="607"/>could result in substantial harm, embarrassment, inconvenience, or unfairness toan individual about whom information is maintained.</P>
        <P>(7) 5 U.S.C. 552a(c) (1), (2), and (3)—The obligation of employees tomaintain an accounting of all disclosures of personal information from systemsof records, except for those disclosures made within the Office to personshaving an official need to know or to the public under the Freedom ofInformation Act (5 U.S.C. 552).</P>
        <P>(8) 5 U.S.C. 552a(e) (5) and (6)—The obligation of employees to assurethat any personal information about individuals is as accurate, relevant, timelyand complete as is reasonably necessary to assure fairness to the individual atsuch time as any such information is utilized by the Office in making adetermination about the individual or when the information is disclosed.</P>
        <P>(9) 5 U.S.C. 552a(d) (1), (2), and (3)—The obligation of employees topermit individuals to have access to records pertaining to themselves inaccordance with established Office procedures and to have an opportunity torequest that such records be amended.</P>
        <P>(10) 5 U.S.C. 552a(c)(4) and (d)(4)—The obligation to inform priorrecipients of personal data when a record is amended pursuant to the request ofan individual or a statement of disagreement has been filed, and to advise anysubsequent recipients of the disputed information.</P>
        <P>(11) 5 U.S.C. 552a(n)—The prohibition against renting or selling listsof names and addresses unless specifically authorized by law.</P>
        <P>(12) 5 U.S.C. 552a(i) (1), (2), and (3)—The criminal penalties to whichan employee may be subject for failing to comply with certain provisions of thePrivacy Act of 1974.</P>
        <CITA>[53 FR 13097, Apr. 21, 1988. Redesignated at 61 FR 36996, July 16, 1996]</CITA>
      </SECTION>
    </PART>
  </SUBCHAP>
</CFRGRANULE>
