Goto Section: 0.553 | 0.555 | Table of Contents
FCC 0.554
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 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 § 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 § 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 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 § 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 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984]
Goto Section: 0.553 | 0.555
Goto Year: 2010 |
2012
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