§  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]

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