§ 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 § 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 § 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
   § 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 § 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]

   return arrow Back to Top