Goto Section: 0.553 | 0.555 | Table of Contents

FCC 0.554
Revised as of
Goto Year:1996 | 1998
Sec. 0.554  Procedures for requests pertaining to individual records in 
          a system of records.

    (a) Upon request, the Commission will notify individuals as to 
whether it maintains information about them in a system of records and, 
subject to the provisons of Sec. 0.555(b), will disclose the substance 
of such information to that individual. In order to properly request 
notification or access to record information, reference must be made to 
the Notice described in Sec. 0.552. A table of contents, which is 
alphabetized by bureau or office, precedes the system descriptions and 
allows members of the public to easily identify record systems of 
interest to them. An individual may inquire into information contained 
in any or all systems of records described in the Notice. However, each 
inquiry shall be limited to information from systems located within a 
single bureau or office and shall be addressed to that bureau or office.
    (b) Reasonable identification is required of all individuals making 
requests pursuant to paragraph (a) of this section in order to assure 
that disclosure of any information is made to the proper person.
    (1) Individuals who choose to register a request for information in 
person may verify their identity by showing any two of the following: 
social security card; drivers license; employee identification card; 
medicare card; birth certificate; bank credit card; or other positive 
means of identification. Documents incorporating a picture and/or 
signature of the individual shall be produced if possible. If an 
individual cannot provide suitable documentation for identification, 
that individual will be required to sign an identity statement 
stipulating that knowingly or willfully seeking or obtaining access to 
records about another person under false pretenses is punishable by a 
fine of up to $5,000.

    Note: An individual's refusal to disclose his social security number 
shall not constitute cause in and of itself, for denial of a request.

    (2) All requests for record information sent by mail shall be signed 
by the requestor and shall include his printed name, current address and 
telephone number (if any). Commission officials receiving such requests 
will attempt to verify the identity of the requestor by comparing his or 
her signature to those in the record. If the record contains no 
signatures and if positive identification cannot be made on the basis of 
other information submitted, the requestor will be required to sign an

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identity statement and stipulate that knowingly or willfully seeking or 
obtaining access to records about another person under false pretense is 
punishable by a fine of up to $5,000.
    (3) If positive identification cannot be made on the basis of the 
information submitted, and if data in the record is so sensitive that 
unauthorized access could cause harm or embarrassment to the individual 
to whom the record pertains, the Commission reserves the right to deny 
access to the record pending the production of additional more 
satisfactory evidence of identity.

    Note: The Commission will require verification of identity only 
where it has determined that knowledge of the existence of record 
information or its substance is not subject to the public disclosure 
requirements of the Freedom of Information Act, 5 U.S.C. 552, as 
amended.

    (c) All requests for notification of the existence of record 
information or for access to such information shall be delivered to the 
business address of the system manager responsible for the system of 
records in question, except that requests relating to official personnel 
records shall be addressed to the Associate Managing Director--Personnel 
Management. Such addresses can be found in the Federal Register Notice 
described in Sec. 0.552.
    (d) A written acknowledgement of receipt of a request for 
notification and/or access will be provided within 10 days (excluding 
Saturdays, Sundays, and legal public holidays) to the individual making 
the request. Such an acknowledgement may, if necessary, request any 
additional information needed to locate a record. A search of all 
systems of records identified in the individual's request will be made 
to determine if any records pertaining to the individual are contained 
therein, and the individual will be notified of the search results as 
soon as the search has been completed. Normally, a request will be 
processed and the individual notified of the search results within 30 
days (excluding Saturdays, Sundays, and legal holidays) from the date 
the inquiry is received. However, in some cases, as where records have 
to be recalled from Federal Record Centers, notification may be delayed. 
If it is determined that a record pertaining to the individual making 
the request does exist, the notification will state approximately when 
the record will be available for personal review. No separate 
acknowledgement is required if the request can be processed and the 
individual notified of the search results within the ten-day period.

(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47 
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))
[40 1997 FR 44512 , Sept. 26, 1975, as amended at  49 FR 13368 , Apr. 4, 1984]


Goto Section: 0.553 | 0.555

Goto Year: 1996 | 1998
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