§ 1102.106. Review of requests for amendment.
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/us/cfr/t12/s§ 1102.106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Initial review. As in the case of requests for access, requests by individuals for amendment to records pertaining to them will be referred to the ASC's Privacy Act Officer for an initial determination.
(b)Standards to be applied in reviewing requests. In reviewing requests to amend records, the Privacy Act Officer will be guided by the criteria set forth in 5 U.S.C. 552(e)
(1)and (5), i.e., that records maintained by the ASC shall contain only such information as is necessary and relevant to accomplish a statutory purpose of the ASC as required by statute or Executive Order of the President and that such information also be accurate, timely, relevant and complete. These criteria will be applied whether the request is to add material to a record or to delete information from a record.
(c)Time for acting on requests. Initial review of a request by an individual to amend a record shall be completed as promptly as is reasonably possible and normally within 30 days (excluding Saturdays, Sundays, and Federal holidays) from the date the request was received, unless unusual circumstances preclude completion of review within that time. If the anticipated completion date indicated in the acknowledgement cannot be met, the individual requesting the amendment will be advised in writing of the delay and the reasons therefor, and also advised when action is expected to be completed.
(d)Grant of requests to amend records. If a request to amend a record is granted in whole or in part, the Privacy Act Officer will:
(1)Advise the individual making the request in writing of the extent to which it has been granted;
(2)Amend the record accordingly; and
(3)Where an accounting of disclosures of the record has been kept pursuant to 5 U.S.C. 552a(c), advise all previous recipients of the record of the fact that the record has been amended and the substance of the amendment.
(e)Denial of requests to amend records. If an individual's request to amend a record pertaining to him is denied in whole or in part, the Privacy Act Officer will:
(1)Promptly advise the individual making the request in writing of the extent to which the request has been denied;
(2)State the reasons for the denial of the request;
(3)Describe the procedures established by the ASC to obtain further review within the ASC of the request to amend, including the name and address of the person to whom the appeal is to be addressed; and
(4)Inform the individual that the Privacy Act Officer will provide information and assistance to the individual in perfecting an appeal of the initial decision.
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