[Title 40 CFR 1516]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter V - COUNCIL ON ENVIRONMENTAL QUALITY]
[Part 1516 - PRIVACY ACT IMPLEMENTATION]
[From the U.S. Government Printing Office]
40PROTECTION OF ENVIRONMENT282002-07-012002-07-01falsePRIVACY ACT IMPLEMENTATION1516PART 1516PROTECTION OF ENVIRONMENTCOUNCIL ON ENVIRONMENTAL QUALITY
PART 1516--PRIVACY ACT IMPLEMENTATION--Table of Contents
Sec.
1516.1 Purpose and scope.
1516.2 Definitions.
1516.3 Procedures for requests pertaining to individual records in a
record system.
1516.4 Times, places, and requirements for the identification of the
individual making a request.
1516.5 Disclosure of requested information to the individual.
1516.6 Request for correction or amendment to the record.
1516.7 Agency review of request for correction or amendment of the
record.
1516.8 Appeal of an initial adverse agency determination on correction
or amendment of the record.
1516.9 Disclosure of a record to a person other than the individual to
whom the record pertains.
1516.10 Fees.
Authority: 5 U.S.C. 552a; Pub. L. 93-579.
Source: 42 FR 32537, June 27, 1977, unless otherwise noted.
Sec. 1516.1 Purpose and scope.
The purposes of these regulations are to:
(a) Establish a procedure by which an individual can determine if
the Council on Environmental Quality (hereafter known as the Council)
maintains a system of records which includes a record pertaining to the
individual; and
(b) Establish a procedure by which an individual can gain access to
a record pertaining to him or her for the purpose of review, amendment
and/or correction.
Sec. 1516.2 Definitions.
For the purpose of these regulations:
(a) The term individual means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term maintain means maintain, collect, use or disseminate;
(c) The term record means any item or collection or grouping of
information about an individual that is maintained by the Council
(including, but not limited to, his or her employment history, payroll
information, and financial transactions), and that contains his or her
name, or an identifying number, symbol, or other identifying particular
assigned to the individual such as a social security number;
(d) The term system of records means a group of any records under
the control of the Council from which information is retrieved by the
name of the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual; and
(e) The term routine use means with respect to the disclosure of a
record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
Sec. 1516.3 Procedures for requests pertaining to individual records in a record system.
An individual shall submit a written request to the Administrative
Officer of the Council to determine if a system of records named by the
individual contains a record pertaining to the individual. The
individual shall submit a written request to the Administrative Officer
of the Council which states the individual's desire to review his or her
record. The Administrative Officer of the Council is available to answer
questions regarding these regulations and to provide assistance in
locating records in the Council's system of records.
[42 FR 32537, June 27, 1977; 42 FR 35960, July 13, 1977]
Sec. 1516.4 Times, places, and requirements for the identification of the individual making a request.
An individual making a request to the Administrative Officer of the
Council pursuant to Sec. 1516.3 shall present the request at the
Council's office, 722 Jackson Place NW., Washington, DC 20006, on any
business day between the hours of 9 a.m. and 5 p.m. and should be
prepared to identify himself by signature. Requests will also be
accepted in writing if mailed to the Council's offices and signed by the
requester.
[[Page 499]]
Sec. 1516.5 Disclosure of requested information to the individual.
Upon verification of identity, the Council shall disclose to the
individual the information contained in the record which pertains to
that individual.
(a) The individual may be accompanied for this purpose by a person
of his choosing.
(b) Upon request of the individual to whom the record pertains, all
information in the accounting of disclosures will be made available.
[42 FR 35960, July 13, 1977]
Sec. 1516.6 Request for correction or amendment to the record.
The individual may submit a request to the Administrative Officer of
the Council which states the individual's desire to correct or to amend
his or her record. This request must be made in accordance with the
procedures of Sec. 1516.4 and shall describe in detail the change which
is requested.
[42 FR 32537, June 27, 1977. Redesignated at 42 FR 35960, July 13, 1977]
Sec. 1516.7 Agency review of request for correction or amendment of the record.
Within ten working days of the receipt of a request to correct or to
amend a record, the Administrative Officer of the Council will
acknowledge in writing such receipt and promptly either:
(a) Make any correction or amendment of any portion thereof which
the individual believes is not accurate, relevant, timely, or complete;
or
(b) Inform the individual of his or her refusal to correct or amend
the record in accordance with the request, the reason for the refusal,
and the procedure established by the Council for the individual to
request a review of that refusal.
Sec. 1516.8 Appeal of an initial adverse agency determination on correction or amendment of the record.
An individual may appeal refusal by the Administrative Officer of
the Council to correct or to amend his or her record by submitting a
request for a review of such refusal to the General Counsel, Council on
Environmental Quality, 722 Jackson Place NW., Washington, DC 20006. The
General Counsel shall, not later than thirty working days from the date
on which the individual requests such a review, complete such review and
make a final determination unless, for good cause shown, the General
Counsel extends such thirty day period. If, after his or her review, the
General Counsel also refuses to correct or to amend the record in
accordance with the request, the individual may file with the Council a
concise statement setting forth the reasons for his or her disagreement
with the General Counsel's decision and may seek judicial relief under 5
U.S.C. 552a(g)(1)(A).
Sec. 1516.9 Disclosure of a record to a person other than the individual to whom the record pertains.
The Council will not disclose a record to any individual other than
to the individual to whom the record pertains without receiving the
prior written consent of the individual to whom the record pertains,
unless the disclosure either has been listed as a ``routine use'' in the
Council's notices of its systems of records or falls within the special
conditions of disclosure set forth in section 3 of the Privacy Act of
1974.
Sec. 1516.10 Fees.
If an individual requests copies of his or her record, he or she
shall be charged ten cents per page, excluding the cost of any search
for the record, in advance of receipt of the pages.