PART 261a—RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT 1974 Authority: 5 U.S.C. 552a. Source: 75 FR 63704, Oct. 18, 2010, unless otherwise noted. Subpart A—General Provisions § 261a.1 Authority, purpose and scope. (a) Authority. (b) Purpose and scope. § 261a.2 Definitions. For purposes of this part, the following definitions apply: (a) Business day (b) Guardian (c) Individual (d) Maintain (e) Record (f) Routine use (g) System of records (h) You (i) We § 261a.3 Custodian of records; delegations of authority. (a) Custodian of records. (b) Delegated authority of the Secretary. (1) Respond to requests for access to, accounting of, or amendment of records contained in a system of records, except for requests regarding systems of records maintained by the Board's Office of Inspector General (OIG); (2) Approve the publication of new systems of records and amend existing systems of records, except those systems of records exempted pursuant to § 261a.12(b), (c) and (d); and (3) File any necessary reports related to the Privacy Act. (c) Delegated authority of designee. (d) Delegated authority of Inspector General. § 261a.4 Fees. (a) Copies of records. (b) No fee. (1) Your total charges are less than $5, or (2) You are a Board employee or former employee, or an applicant for employment with the Board, and you request records pertaining to you. Subpart B—Procedures for Requests by Individuals to Whom Record Pertains § 261a.5 Request for access to records. (a) Procedures for making request. (2) If you request information contained in a system of records maintained by the Board's OIG, you may submit the request in writing to the Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. (b) Contents of request. (1) A statement that the request is made pursuant to the Privacy Act of 1974; (2) The name of the system of records you believe contains the record you request, or a concise description of that system of records; (3) Information necessary to verify your identity pursuant to paragraph (c) of this section; and (4) Any other information that might assist us in identifying the record you seek ( e.g., etc. (c) Verification of identity. (1) If you are a current or former Board employee, your Board identification card; or (2) If you are not a current or former Board employee, either (i) Two forms of identification, including one photo identification, or (ii) A notarized statement attesting to your identity. (d) Verification of identity not required. (e) Request for accounting of previous disclosures. (f) Requests Made by Board Employees. § 261a.6 Board procedures for responding to request for access. (a) Compliance with Freedom of Information Act. (b) Time for response. (c) Disclosure. (2) When the information to be disclosed is maintained by the Board's OIG, the OIG will make the information available for inspection and copying or will mail it to you on request. (3) You may bring with you anyone you choose to see the requested material. All visitors to the Board's buildings must comply with the Board's security procedures. (d) Denial of request. § 261a.7 Special procedures for medical records. If you request medical or psychological records pursuant to § 261a.5, we will disclose them directly to you unless the Chief Privacy Officer, in consultation with the Board's physician or Employee Assistance Program counselor, determines that such disclosure could have an adverse effect on you. If the Chief Privacy Officer makes that determination, we will provide the information to a licensed physician or other appropriate representative that you designate, who may disclose those records to you in a manner he or she deems appropriate. § 261a.8 Request for amendment of record. (a) Procedures for making request. (2) Your request for amendment of a record must— (i) Identify the system of records containing the record for which amendment is requested; (ii) Specify the portion of that record requested to be amended; and (iii) Describe the nature of and reasons for each requested amendment. (3) We will require you to verify your identity under the procedures set forth in § 261a.5(c) of this part, unless you have already done so in a related request for access or amendment. (b) Burden of proof. § 261a.9 Board review of request for amendment of record. (a) Time limits. (b) Contents of response to request for amendment. (1) Why we denied the request (or portion of the request); (2) That you have a right to appeal; and (3) How to file an appeal. § 261a.10 Appeal of adverse determination of request for access or amendment. (a) Appeal. (1) Be made in writing with the words “PRIVACY ACT APPEAL” written prominently on the first page and addressed to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551; (2) Specify the background of the request; and (3) Provide reasons why you believe the initial denial is in error. (b) Determination. (1) If we grant your appeal regarding a request for amendment, we will take the necessary steps to amend your record and, when appropriate and possible, notify prior recipients of the record of our action. (2) If we deny your appeal, we will inform you of such determination, tell you our reasons for the denial, and tell you about your rights to file a statement of disagreement and to have a court review our decision. (c) Statement of disagreement. (2) When practicable and appropriate, we will provide a copy of the statement of disagreement to any prior recipients of the record. Subpart C—Disclosure of Records § 261a.11 Restrictions on disclosure. We will not disclose any record about you contained in a system of records to any person or agency without your prior written consent unless the disclosure is authorized by 5 U.S.C. 552a(b). § 261a.12 Exempt records. (a) Information compiled for civil action. (b) Law enforcement information. (1) BGFRS-1 Recruiting and Placement Records (2) BGFRS-2 Personnel Security Systems (3) BGFRS-4 General Personnel Records (4) BGFRS-5 EEO Discrimination Complaint File (5) BGFRS-18 Consumer Complaint Information (6) BGFRS-21 Supervisory Enforcement Actions and Special Examinations Tracking System (7) BGFRS-31 Protective Information System (8) BGFRS-32 Visitor Registration System (9) BGFRS-36 Federal Reserve Application Name Check System (10) BGFRS-37 Electronic Applications (11) BGFRS-43 Security Sharing Platform (12) BGFRS/OIG-1 OIG Investigative Records (c) Confidential references. (1) BGFRS-1 Recruiting and Placement Records (2) BGFRS-2 Personnel Security Systems (3) BGFRS-4 General Personnel Records (4) BGFRS-10 General Files on Board Members (5) BGFRS-11 Official General Files (6) BGFRS-13 Federal Reserve System Bank Supervision Staff Qualifications (7) BGFRS-14 General File on Federal Reserve Bank and Branch Directors (8) BGFRS-25 Multi-Rater Feedback Records (9) BGFRS/OIG-1 OIG Investigative Records (10) BGFRS/OIG-2 OIG Personnel Records (d) Criminal law enforcement information. [75 FR 63704, Oct. 18, 2010, as amended at 85 FR 73604, Nov. 19, 2020]