FCC 0.554 Revised as of October 1, 2005
Goto Year:2004 |
2006
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 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 FR 44512 , Sept. 26, 1975, as amended at 49 FR 13368 , Apr. 4, 1984]
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