Goto Section: 0.554 | 0.556 | Table of Contents
FCC 0.555
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 0.555 Disclosure of record information to individuals.
(a) Individuals having been notified that the Commission maintains a record
pertaining to them in a system of records may request access to such record
in one of three ways: by in person inspection at the system location; by
transfer of the record to a nearer location; or by mail.
(1) Individuals who wish to review their records at the system location must
do so during regular Commission business hours (8:00 a.m.–4:30 p.m., Monday
through Friday). For personal and administrative convenience, individuals
are urged to arrange to review a record by appointment. Preferences as to
specific dates and times can be made by writing or calling the system
manager responsible for the system of records in question at least two days
in advance of the desired appointment date, and by providing a telephone
number where the individual can be reached during the day in case the
appointment must be changed. Verification of identity is required as in
Sec. 0.554(b)(1) before access will be granted an individual appearing in
person. Individuals may be accompanied by a person of his or her own
choosing when reviewing a record. However, in such cases, a written
statement authorizing discussion of their record in the presence of a
Commission representative having physical custody of the records.
(2) Individuals may request that a record be transferred to a Commission
field office or installation in the vicinity of his or her home and that
access be granted at that location. The addresses of Commission field
offices are listed in Sec. 0.121. A request to transfer records must specify the
exact location where the records should be sent and a telephone number to
call when the information is available for review at the field location.
Paragraph (a)(1) of this section regarding personal appointments,
verification of identity accompanying persons, and disclosure of original
records applies equally to this paragraph.
(3) Individuals may request that copies of records be sent directly to them.
In such cases, individuals must verify their identity as Sec. 0.554(b)(2) and
provide an accurate return address. Records shall be sent only to that
address.
(b) The disclosure of record information under this section is subject to
the following limitations:
(1) Records containing medical information pertaining to an individual are
subject to individual access under this section unless, in the judgment of
the system manager having custody of the records after consultation with a
medical doctor, access to such record information could have an adverse
impact on the individual. In such cases, a copy of the record will be
delivered to a medical doctor named by the individual.
(2) Classified material, investigative material compiled for law enforcement
purposes, investigatory material compiled solely for determining suitability
for Federal employment or access to classified information, and certain
testing or examination material shall be removed from the records to the
extent permitted in the Privacy Act of 1974, 5 U.S.C. 552(a). Section 0.561
of this subpart sets forth the systems of records maintained by the
Commission which are either totally or partially exempt from disclosure
under this subparagraph.
(c) No fee will be imposed if the number of pages of records requested is 25
or less. Requests involving more than 25 pages shall be submitted to the
duplicating contractor (see Sec. 0.456(a)).
(d) The provisions of this section in no way give an individual the right to
access any information compiled in reasonable anticipation of a civil action
or proceeding.
(e) In the event that a determination is made denying an individual access
to records pertaining to that individual for any reason, such individual may
either:
(1) Seek administrative review of the adverse determination. Such a request
shall be in writing and should be addressed to the system manager who made
the initial decision. In addition, the request for review shall state
specifically why the initial decision should be reversed.
(2) Seek judicial relief in the district courts of the United States
pursuant to paragraph (g)(1)(B) of the Act.
(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 40 FR 58858 , Dec. 19, 1975; 49 FR 13369 , Apr. 4, 1984]
Goto Section: 0.554 | 0.556
Goto Year: 2006 |
2008
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