PART 505—PRIVACY ACT REGULATION Authority: Pub. L. 93-579, 88 Stat. 1897; 5 U.S.C. 552a. Source: 67 FR 8875, Feb. 27, 2002, unless otherwise noted. § 505.1 Purpose and scope. The Broadcasting Board of Governors (BBG) will protect individuals' privacy from misuses of their records, and grant individuals access to records concerning them which are maintained by the Agency's domestic and overseas offices, consistent with the provisions of Public Law 93-579, 88 Stat. 1897; 5 U.S.C. 552a, the Privacy Act of 1974, as amended. The Agency has also established procedures to permit individuals to amend incorrect records, to limit the disclosure of personal information to third parties, and to limit the number of sources of personal information. The Agency has also established internal rules restricting requirements of individuals to provide social security account numbers. § 505.2 Definitions. (a) Access Appeal Committee (AAC). (b) Agency, BBG, our, we us. (c) Amend. (d) Individual you. (e) Maintain. (f) Record. (g) Routine use. (h) Statistical record. (i) System of records. (j) Personnel record. (k) Worldwide Operations. § 505.3 Procedures for requests. (a) The agency will consider all written requests received from an individual for records pertaining to herself/himself as a request made under the Privacy Act of 1974, as amended (5 U.S.C. 552a) whether or not the individual specifically cites the Privacy Act when making the request. (b) All requests under the Privacy Act should be directed to the FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW, Washington, DC 20237, which will coordinate the search of all systems of records specified in the request. Requests should state name, date of birth, and social security number. (c) Requests directed to any of the Agency's worldwide establishments which involve routine unclassified, administrative and personnel records available only at those establishments may be released to the individual by the establishment if it determines that such a release is authorized by the Privacy Act. All other requests shall be submitted by the establishment to the FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW, Washington, DC 20237, and the individual shall be so notified of this section in writing, when possible. (d) In those instances where an individual requests records pertaining to herself/himself, as well as records pertaining to another individual, group or some other category of the Agency's records, only that portion of the request which pertains to records concerning the individual will be treated as a Privacy Act request. The remaining portions of such a request will be processed as a Freedom of Information Act request and sent to the office noted in paragraph (b) of this section. § 505.4 Requirements and identification for making requests. (a) When you seek access to Agency records, you may present your written request, fax it to (202) 260-4394 or mail it to the FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW, Washington, DC 20237. The FOIA/Privacy Act Office may be visited between the hours of 9 a.m. and 3 p.m., Monday through Friday, except for legal holidays. (b) When you seek access to Agency records, you will be requested to present identification. You must state your full name, date of birth and social security number. You must also include your present mailing address and zip code, and if possible, a telephone number. (c) When signing a statement confirming your identity, you should understand that knowingly and willfully seeking or obtaining access to records about another person under false pretenses is punishable by a fine of up to $5,000. § 505.5 Disclosure of information. (a) In order to locate the system of records that you believe may contain information about you, you should first obtain a copy of the Agency's Notice of Systems of Records. By identifying a particular record system and by furnishing all the identifying information requested by that record system, it would enable us to more easily locate those records which pertain to you. At a minimum, any request should include the information specified in Sec. 505.4(b). (b) In certain circumstances, it may be necessary for us to request additional information from you to ensure that the retrieved record does, in fact, pertain to you. (c) All requests for information on whether or not the Agency's systems of records contain information about you will be acknowledged within 20 working days of receipt of that request. The requested records will be provided as soon as possible thereafter. (d) If the Agency determines that the substance of the requested record is exceptionally sensitive, we will require you to furnish a signed, notarized statement that you are in fact the person named in the file before granting access to the records. (e) Original records will not be furnished subject to and in accordance with fees established in § 505.11. (f) Denial of access to records: (1) The requirements of this section do not entitle you access to any information compiled in reasonable anticipation of a civil action or proceeding. (2) Under the Privacy Act, we are not required to permit access to records if the information is not retrievable by your name or other personal identifier; those requests will be processed as Freedom of Information Act requests. (3) We may deny you access to a record, or portion thereof, if following a review it is determined that the record or portion falls within a system of records that is exempt from disclosure according to 5 U.S.C. 552a(j) and 552a(k). See §§ 505.13 and 505.14 for a listing of general and specific exemptions. (4) The decision to deny access to a record or a portion of the record is made by the Agency's Privacy Act Officer. The denial letter will advise you of your right to appeal the denial (See § 505.9 on Access Appeal Committee's review). § 505.6 Medical records. If, in the judgment of the Agency, the release of medical information to you could have an adverse effect, the Agency will arrange an acceptable alternative to granting access of such records directly to you. This normally involves the release of the information to a doctor named by you. However, this special procedure provision does not in any way limit your absolute right to receive a complete copy of your medical record. § 505.7 Correction or amendment of record. (a) You have the right to request that we amend a record pertaining to you which you believe is not accurate, relevant, timely, or complete. At the time we grant access to a record, we will furnish guidelines for you to request amendment to the record. (b) Requests for amendments to records must be in writing and mailed or delivered to the FOIA/Privacy Act Officer, FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW, Washington, DC 20237, who will coordinate the review of the request to amend the record with the appropriate office(s). Such requests must contain, at a minimum, identifying information needed to locate the record, a brief description of the item or items of information to be amended, and the reason for the requested change. The requester should submit as much documentation, arguments or other data as seems warranted to support the request for amendment. (c) We will review all requests for amendments to records within 20 working days of receipt of the request and either make the changes or inform you of our refusal to do so and the reasons. § 505.8 Agency review of requests for changes. (a) In reviewing a record in response to a request to amend or correct a file, we will incorporate the criteria of accuracy, relevance, timeliness, and completeness of the record in the review. (b) If we agree with you to amend your records, we will: (1) Advise you in writing; (2) Correct the record accordingly; (3) And, to the extent that an accounting of disclosure was maintained, advise all previous recipients of the record of the corrections. (c) If we disagree with all or any portion of your request to amend a record, we will: (1) Advise you of the reasons for the determination; and (2) Inform you of your right to further review (see Sec. 505.9). § 505.9 Review of adverse agency determination. (a) When we determine to deny a request to amend a record, or portion of the record, you may request further review by the Agency's Access Appeal Committee. The written request for review should be mailed to the Chairperson, Access Appeal Committee, FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW., Washington, DC 20237. The letter should include any documentation, information or statement, which substantiates your request for review. (b) The Agency's Access Appeal Committee will review the Agency's initial denial to amend the record and your documentation supporting amendment, within 30 working days. If additional time is required, you will be notified in writing of the reasons for the delay and the approximate date when the review is expected to be completed. Upon completion of the review, the Chairperson will notify you of the results. (c) If the Committee upholds the Agency's denial to amend the record, the Chairperson will advise you of: (1) The reasons for our refusal to amend the record; (2) Your right and the procedure to add to the file a concise statement supporting your disagreement with the decision of the Agency; and (3) Your right to seek judicial review of the Agency's refusal to amend the file. (d) When you file a statement disagreeing with our refusal to amend a record, we will clearly annotate the record so that the fact that the record is disputed is apparent to anyone who may subsequently have access to, use of, or reason to disclose the file. If information is disclosed regarding the area of dispute, we will provide a copy of your statement in the disclosure. Any statement, which may be included by the Agency regarding the dispute, will be limited to the reasons given to you for not amending the record. Copies of our statement shall be treated as part of your record, but will not be subject to amendment by you under these regulations. § 505.10 Disclosure to third parties. We will not disclose any information about you to any person or another agency without your prior consent, except as provided for in the following paragraphs: (a) Medical records. (b) Accompanying individual. (c) Designees. (d) Guardians. (e) Other disclosures. (1) Disclosure within the Agency. (2) Disclosure to the public. (3) Disclosure for a routine use. (4) Disclosure to the Bureau of the Census. (5) Disclosure for statistical research and reporting. (6) Disclosure to the National Archives. (7) Disclosure for law enforcement purposes. (8) Disclosure under emergency circumstances. (9) Disclosure to the Congress. (10) Disclosure to the General Accounting Office (GAO). (11) Disclosure according to court order. § 505.11 Fees. (a) The first copy of any Agency record about you will be provided free of charge. A fee of $0.15 per page will be charged for any additional copies requested by you. (b) Checks or money orders should be made payable to the United States Treasurer and mailed to the FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 Independence Avenue, SW., Washington, DC 20237. The Agency will not accept cash. § 505.12 Civil remedies and criminal penalties. (a) Grounds for court action. (1) Denial of access. (2) Refusal to amend a record. (3) Failure to maintain a record accurately. (4) Other failures to comply with the Act. (i) The action was intentional or willful; (ii) The Agency's action adversely affected you; and (iii) The adverse action was caused by the Agency's actions. (b) Jurisdiction and time limits. (2) The statute of limitations is two years from the date upon which the cause of action arises, except for cases in which the Agency has materially and willfully misrepresented any information requested to be disclosed and when such misrepresentation is material to the liability of the Agency. In such cases the statute of limitations is two years from the date of discovery of the misrepresentation by you. (3) A suit may not be brought on the basis of injury, which may have occurred as a result of the Agency's disclosure of a record prior to September 27, 1975. (c) Criminal penalties Unauthorized disclosure. (2) Failure to publish a public notice. (3) Obtaining records under false pretenses. § 505.13 General exemptions (Subsection (j)). (a) General exemptions are available for systems of records which are maintained by the Central Intelligence Agency (Subsection (j)(1)), or maintained by an agency which performs as its principal function any activity pertaining to the enforcement of the criminal laws (Subsection (j)(2)). (b) The Act does not permit general one exemption of records compiled primarily for a non-criminal purpose, even though there are some quasi-criminal aspects to the investigation and even though the records are in a system of records to which the general exemption applies. § 505.14 Specific exemptions (Subsection (k)). The specific exemptions focus more on the nature of the records in the system of records than on the agency. The following categories of records may be exempt from disclosure: (a) Subsection (k)(1). (b) Subsection (k)(2). (c) Subsection (k)(3). (d) Subsection (k)(4). (e) Subsection (k)(5). (f) Subsection (k)(6). (g) Subsection (k)(7). § 505.15 Exempt systems of records used. The BBG is authorized to use exemptions (k)(1), (k)(2), (k)(4), (k)(5) and (k)(6).