§ 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 copies of records be sent directly to them.
   In  such cases, individuals must verify their identity as described in
   § 0.554(b)(2)  and  provide an accurate return mailing address or email
   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;  80 FR 53749 , Sept. 8, 2015]

   return arrow Back to Top