§  0.556   Request to correct or amend records.

   (a) An individual may request the amendment of information contained in
   their record. Except as otherwise provided in this paragraph, the
   request to amend should be submitted in writing to the system manager
   responsible for the records. Requests to amend the official personnel
   records of active FCC employees should be submitted to the Associate
   Managing Director—Human Resources Management, 445 12th Street, SW.,
   Washington, D.C. 20554. Requests to amend official personnel records of
   former FCC employees should be sent to the Assistant Director for Work
   Force Information, Compliance and Investigations Group, Office of
   Personnel Management, 1900 E Street, NW., Washington, D.C. 20415. Any
   request to amend should contain as a minimum:

   (1) The identity verification information required by §  0.554(b)(2) and
   the information needed to locate the record as required by §  0.554(a).

   (2) A brief description of the item or items of information to be
   amended; and

   (3) The reason for the requested change.

   (b) A written acknowledgement of the receipt of a request to amend a
   record will be provided within 10 days (excluding Saturdays, Sundays,
   and legal public holidays) to the individual requesting the amendment.
   Such an acknowledgement may, if necessary, request any additional
   information needed to make a determination. There will be no
   acknowledgement if the request can be reviewed, processed, and the
   individual notified of compliance or denial within the 10 day period.

   (c) The responsible system manager, or in the case of official
   personnel records of active FCC employees, the Associate Managing
   Director—Personnel Management, shall (normally within 30 days) take one
   of the following actions regarding a request to amend:

   (1) If the system manager agrees that an amendment to the record is
   warranted, the system manager shall:

   (i) So advise the individual in writing;

   (ii) Correct the record in compliance with the individual's request;
   and

   (iii) If an accounting of disclosures has been made, advise all
   previous recipients of the fact that the record has been corrected and
   of the substance of the correction.

   (2) If the system manager, after an initial review, does not agree that
   all or any portion of the record merits amendment, the system manager
   shall:

   (i) Notify the individual in writing of such refusal to amend and the
   reasons therefore;

   (ii) Advise the individual that further administrative review of the
   initial decision by the full Commission may be sought pursuant to the
   procedures set forth in §  0.557. (In cases where the request to amend
   involves official personnel records, review is available exclusively
   from the Assistant Director for Work Force Information, Compliance and
   Investigations Group, Office of Personnel Management, Washington, DC
   20415; and

   (iii) Inform the individual of the procedures for requesting Commission
   review pursuant to §  0.557.

   (d) In reviewing a record in response to a request to amend, the system
   manager shall assess the accuracy, relevance, timeliness, or
   completeness of the record in light of each data element placed into
   controversy and the use of the record in making decisions that could
   possibly affect the individual. Moreover, the system manager shall
   ajudge the merits of any request to delete information based on whether
   or not the information in controversy is both relevant and necessary to
   accomplish a statutory purpose required of the Commission by law or
   executive order of the President.

   (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  45 FR 39850 , June 12, 1980;
    49 FR 13369 , Apr. 4, 1984;  65 FR 58466 , Sept. 29, 2000]

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