PART 1830—PRIVACY ACT REGULATIONS Authority: 5 U.S.C. 552a(f), 301, and 1212(e). Source: 87 FR 63413, Oct. 19, 2022, unless otherwise noted. § 1830.1 Scope and purpose. (a) This part contains rules and procedures followed by OSC in processing requests for records under the Privacy Act. Further information about access to OSC records generally is available on OSC's website at https://osc.gov/Privacy. (b) This part implements the Privacy Act of 1974, codified at 5 U.S.C. 552a, by establishing OSC policies and procedures for the release of records and maintenance of certain systems of records. See (c) OSC personnel protected by the Privacy Act include all staff, experts, contractors, consultants, volunteers, interns, and temporary employees. (d) Other individuals engaging with OSC protected by the Privacy Act include, but are not limited to, PPP complainants, subjects of PPP complaints, Hatch Act complainants, subjects of Hatch Act complaints, Hatch Act advisory opinion requesters, whistleblowers filing disclosures under 5 U.S.C. 1213, and USERRA complainants, and the subjects of USERRA complaints. (e) This part does not: (1) Apply to OSC record systems that are not Privacy Act Record Systems. (2) Make any records available to individuals other than: (i) individuals who are the subjects of the records (“subject individuals”); (ii) individuals who can prove they have the consent of the subject individual; or (iii) individuals acting as legal representatives on behalf of such subject individuals. (3) Make available information compiled by OSC in reasonable anticipation of court litigation or formal administrative proceedings. The availability of such information, including to any subject individual or party to such litigation or proceeding, shall be governed by applicable constitutional principles, rules of discovery, privileges, and part 1820 of this chapter; or (4) Apply to personnel records maintained by the Human Capital Office of OSC. Those records are subject to regulations of the Office of Personnel Management in 5 CFR parts 293, 294, and 297. § 1830.2 Definitions. As used in this part: Access Disclosure Maintain Notification Record Release Responsible OSC official Subject individual System of records § 1830.3 Requirements for making Privacy Act requests. (a) Submission of requests. (1) By email to: [email protected]; (2) By mail to: (3) Both the request letter and envelope or email should clearly be marked “Privacy Act Request.” A Privacy Act request is deemed received by OSC when it reaches the Chief Privacy Officer. (b) Description of records sought. (c) Proof of identity. (d) Freedom of Information Act processing. § 1830.4 Medical records. When a request for access involves medical records that are not otherwise exempt from disclosure, OSC may advise the requesting individual that OSC will only provide the records to a licensed health care professional the individual designates in writing. Upon receipt of the designation, the licensed health care professional will be permitted to review the records or to receive copies by mail upon proper verification of identity. § 1830.5 Requirements for requesting amendment of records. (a) Submission of requests. (1) By email to: [email protected]; (2) By mail to: (3) Both the request letter and envelope or email should be clearly marked “Privacy Act Amendment Request.” Whether sent by mail or email, a Privacy Act amendment request is considered received by OSC when it reaches the Chief Privacy Officer. (b) Description of amendment sought. (c) Proof of identity. (d) Acknowledgement and response. (e) What will not change. (f) Notice of error. (g) Record found to be correct. (h) Record of another government agency. § 1830.6 Appeals. (a) Appeals of adverse determinations. (1) By email to: [email protected]; (2) By mail to: (3) The appeal must be received by the Office of General Counsel within 45 calendar days of the date of the letter denying the request. Both the appeal letter and envelope or email should be clearly marked “Privacy Act Appeal.” An appeal is considered received by OSC when it reaches the Office of General Counsel. The appeal letter may include as much or as little related information as the requestor wishes, as long as it clearly identifies OSC's determination (including the assigned request number, if known) being appealed. An appeal ordinarily will not be acted on if the request becomes a matter of litigation. (b) Responses to appeals. § 1830.7 Exemptions. OSC exempts investigatory material from records subject to Privacy Act record requests or requests to amend records. This exemption aims to prevent interference with OSC's inquiries into matters under its jurisdiction, and to protect identities of confidential sources of information. OSC also reserves the right to assert exemptions for records received from another agency that could be properly claimed by that agency. OSC may exempt any information compiled in reasonable anticipation of a legal action or proceeding. § 1830.8 Fees. Requests for records under this section shall be subject to the fees set forth in part 1820 of this chapter. § 1830.9 Accounting for releases. OSC will maintain an accounting of all releases of a record for six (6) years or for the life of the record in accordance with the General Records Schedule, whichever is longer—except that, we will not make an accounting for releases: (a) Of a subject individual's records record made with the subject individual's consent; (b) To employees of OSC who have a need for the record to perform their duties; and (c) Required under the Freedom of Information Act, 5 U.S.C. 552, and part 1820 of this chapter. § 1830.10 Conditions of release. OSC shall not release any record that is contained in a system of records to any individual or to another agency, except as follows: (a) Consent to release by the subject individual. (b) Releases without the consent of the subject individual. (1) To employees and contractors of the Office of Special Counsel who have a need for the record to perform their duties. (2) As required by the Freedom of Information Act, 5 U.S.C. 552, and part 1820 of this chapter. (3) To the entities listed in in the Privacy Act at 5 U.S.C. 552a(b)(1) through (12).