PART 1705—PRIVACY ACT Authority: 5 U.S.C. 552a(f). Source: 56 FR 47144, Sept. 18, 1991, unless otherwise noted. § 1705.01 Scope. This part contains the Board's regulations implementing the Privacy Act of 1974, Public Law 93-579, 5 U.S.C. 552a. § 1705.02 Definitions. The following terms used in these regulations are defined in the Privacy Act, 5 U.S.C. 552a(a): agency, individual, maintain, record, system of records, statistical record, routine use. § 1705.03 Systems of records notification. (a) Public notice. Federal Register (b) Requests regarding record systems. § 1705.04 Requests by persons for access to their own records. (a) Requests in writing. (1) Full name, address, and telephone number of requester, (2) Proof of identification, which should be a copy of one of the following: Valid driver's license, valid passport, or other current identification which contains both an address and picture of the requester, (3) The system of records in which the desired information is contained, and (4) At the requester's option, authorization for copying expenses (see § 1705.10 below). (b) Requests in person. § 1705.05 Processing of requests. (a) Requests in writing. (b) Requests in person. (c) Excluded information. see § 1705.06 Appeals from access denials. When access to records has been denied by the Privacy Act Officer, the requester may file an appeal in writing. This appeal should be directed to The Chairman, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., suite 700, Washington, DC 20004. The appeal letter must (a) specify those denied records which are still sought, and (b) state why the denial by the Privacy Act Officer is erroneous. The Chairman or his designee will respond to such appeals within twenty working days after the appeal letter has been received in the Board's offices. The appeal determination will explain the basis for continuing to deny access to any requested records. § 1705.07 Requests for correction of records. (a) Correction requests. (b) Initial response. § 1705.08 Appeals from correction denials. (a) When amendment of records has been denied by the Privacy Act Officer, the requester may file an appeal in writing. This appeal should be directed to The Chairman, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The appeal letter must (1) specify the records subject to the appeal, and (2) state why the denial of amendment by the Privacy Act Officer is erroneous. The Chairman or his designee will respond to such appeals within thirty working days (subject to extension by the Chairman for good cause) after the appeal letter has been received in the Board's offices. (b) The appeal determination, if adverse to the requester in any respect, will: (1) Explain the basis for denying amendment of the specified records, (2) inform the requester that he or she may file a concise statement setting forth reasons for disagreeing with the Chairman's determination, and (3) inform the requester of his or her right to pursue a judicial remedy under 5 U.S.C. 552a(g)(1)(A). § 1705.09 Disclosure of records to third parties. Records subject to the Privacy Act that are requested by any person other than the individual to whom they pertain will not be made available except in the following circumstances: (a) Their release is required under the Freedom of Information Act in accordance with the Board's FOIA regulations, 10 CFR part 1703; (b) Prior consent for disclosure is obtained in writing from the individual to whom the records pertain; or (c) Release is authorized by 5 U.S.C. 552a(b) (1) or (3) through (11). § 1705.10 Fees. A fee will not be charged for search or review of requested records, or for correction of records. When a request is made for copies of records, a copying fee will be charged at the same rate established for FOIA requests. See § 1705.11 Exemptions. Pursuant to 5 U.S.C. 552a(k), the Board has determined that system of records DNFSB-3, “Drug Testing Program Records,” is partially exempt from 5 U.S.C. 552(a)(c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f). The exemption pertains to portions of these records which would identify persons supplying information on drug abuse by Board employees or contractors.