1 C.F.R. PART 455—NATIONAL CAPITAL PLANNING COMMISSION (PRIVACY ACT REGULATIONS)
Title 1 - General Provisions
PART 455—NATIONAL CAPITAL PLANNING COMMISSION (PRIVACY ACT REGULATIONS)
Section Contents
§ 455.1 Purpose and scope.
§ 455.2 Definitions.
§ 455.3 Procedures for requests pertaining to individual records in a record system.
§ 455.4 Times, places, and requirements for identification of individuals making requests.
§ 455.5 Disclosure of requested information to individuals.
§ 455.6 Request for correction or amendment to the record.
§ 455.7 Agency review of request for correction or amendment of the record.
§ 455.8 Appeal of an initial adverse agency determination on correction or amendment of the record.
§ 455.9 Disclosure of record to a person other than the individual to whom the record pertains.
§ 455.10 Fees.
§ 455.11 Penalties.
§ 455.12 Exemptions.
Authority: 5 U.S.C. 552a.
Source: 42 FR 7921, Feb. 8, 1977, unless otherwise noted.
§ 455.1 Purpose and scope.
top
These procedures provide the means by which individuals may safeguard their privacy by obtaining access to, and requesting amendments or corrections in, information, if any, about these individuals which is under the control of the National Capital Planning Commission (hereafter, the “Commission”).
§ 455.2 Definitions.
topFor the purpose of these procedures:
(a) The term individual means a citizen of the United States or an alien lawfully admitted for permanent residence;
(b) The term maintain includes maintain, collect, use, or disseminate;
(c) The term record means any item, collection or grouping of information about an individual that is maintained by the Commission, including, but not limited to, his or her payroll information and mailing address and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as social security number;
(d) The term system of records means a group of any records under the control of the Commission 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.
§ 455.3 Procedures for requests pertaining to individual records in a record system.
top(a) An individual who wishes to know whether a system of records maintained by the Commission contains a record pertaining to him or her shall submit a written request to that effect to the appropriate System Manager at the Commission. The System Manager shall, within 10 days of the receipt of such submission, inform the individual whether a system of records maintained by the Commission contains such a record.
(b) An individual who desires access to any identified record shall file a request therefor, addressed to the System Manager indicating whether such individual intends to appear in person at the Commission's offices or whether he or she desires to receive a copy of any identified record through the mail.
§ 455.4 Times, places, and requirements for identification of individuals making requests.
top(a) An individual who, in accord with §455.3(b) of this part indicated that he or she would appear personally shall do so at the Commission's offices, 1325 G Street NW., Washington, DC, between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday (legal holidays excluded) and present a form of identification, such as a valid driver's license or employee identification card, which will permit the System Manager to verify that the individual is the same individual as contained in the record requested.
(b) An individual who, in accord with §455.3(b) of this part indicated that he or she desired mail delivery of a copy of the record shall include in the request the date and location of birth of the individual as suitable proof of identity.
(c) Where the above mentioned forms of identification are not feasible or appropriate, the Commission shall request a signed statement from the individual asserting his or her identity and stipulating that the individual understands that knowingly or willfully seeking or obtaining access to records about another individual under false pretenses is punishable by a fine of up to $5,000.
§ 455.5 Disclosure of requested information to individuals.
topUpon verification of identity, the System Manager shall disclose to the individual: (a) The information contained in the record which pertains to that individual; and (b) the accounting of disclosures of the record, if any, required by 5 U.S.C. 552a(c).
§ 455.6 Request for correction or amendment to the record.
topAn individual may request that a record pertaining to him or her be amended or corrected. The individual shall submit any such request in accord with §455.3 of this part and shall state therein the item sought to be amended and specific reasons therefor.
§ 455.7 Agency review of request for correction or amendment of the record.
topWithin ten days of the receipt of the request to correct or to amend the record, the System Manager 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 and inform the individual of same; or (b) inform the individual of his or her refusal to correct or to amend the record in accordance with the request, the reason for the refusal, and the procedures established by the Commission for the individual to request a review of that refusal.
§ 455.8 Appeal of an initial adverse agency determination on correction or amendment of the record.
topAn individual who disagrees with the refusal of the System Manager to correct or to amend his or her record may submit a request for a review of such refusal to the Chairman of the Commission, 1325 G Street NW., Washington, DC 20576. The Chairman will, not later than thirty days from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the Chairman extends such thirty day period. If, after his or her review, the Chairman also refuses to correct or to amend the record in accordance with the request, the individual may file with the Commission a concise statement setting forth the reasons for his or her disagreement with the refusal of the Commission and may seek judicial review of the Chairman's determination under 5 U.S.C. 552a(g)(1)(A).
§ 455.9 Disclosure of record to a person other than the individual to whom the record pertains.
topAn individual to whom a record is to be disclosed in person may have a person of his or her own choosing accompany the individual when the record is disclosed.
§ 455.10 Fees.
top(a) The Commission will not charge an individual for the costs of making a search for a record or the costs of reviewing the record. When the Commission makes a copy of a record as a necessary part of the process of disclosing the record to an individual, the Commission will not charge the individual for the cost of making that copy.
(b) If an individual requests the Commission to furnish him or her with a copy of the record (when a copy has not otherwise been made as a necessary part of the process of disclosing the record to the individual), the Commission will charge a fee of $0.25 per page (maximum per page dimension of 8
§ 455.11 Penalties.
topTitle 18 U.S.C. 1001, Crimes and Criminal Procedures, makes it a criminal offense, subject to a maximum fine of $10,000 or imprisonment for not more than five years or both, to knowingly and willfully make or cause to be made any false or fraudulent statements or representations in any matter within the jurisdiction of any agency of the United States. Section 552a(i)(3) of the Privacy Act (5 U.S.C. 552a(i)(3)), makes it a misdemeanor, subject to a maximum fine of $5,000, to knowingly and willfully request or obtain any record concerning an individual under false pretenses. Section 552a(i) (1) and (2) of the Privacy Act (5 U.S.C. 552a(i) (1) and (2)) provide penalties for violations by agency employees of the Privacy Act or regulations established thereunder.
§ 455.12 Exemptions.
topNo Commission records system is exempted from the provisions of 5 U.S.C. 552a as permitted under certain conditions by 5 U.S.C. 552a (j) and (k).
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