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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