Proposed Rule2023-22439
Privacy
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2023
Issuing agencies
Federal Labor Relations Authority
Abstract
This rulemaking proposes revisions to the regulations that the Federal Labor Relations Authority (FLRA) follows in processing records under the Privacy Act. The FLRA is revising these regulations to update procedures for requesting information from the FLRA and procedures that the FLRA follows in responding to requests from the public, in order to reflect changes in the law and the FLRA's organization since the regulations were last updated.
Full Text
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<title>Federal Register, Volume 88 Issue 195 (Wednesday, October 11, 2023)</title>
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[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
[Proposed Rules]
[Pages 70374-70379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22439]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 /
Proposed Rules
[[Page 70374]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Part 2412
Privacy
AGENCY: Federal Labor Relations Authority.
ACTION: Proposed rule.
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SUMMARY: This rulemaking proposes revisions to the regulations that the
Federal Labor Relations Authority (FLRA) follows in processing records
under the Privacy Act. The FLRA is revising these regulations to update
procedures for requesting information from the FLRA and procedures that
the FLRA follows in responding to requests from the public, in order to
reflect changes in the law and the FLRA's organization since the
regulations were last updated.
DATES: Written comments must be received on or before November 13,
2023.
ADDRESSES: You may send comments, which must include the caption
``Privacy Act Regulations,'' by one of the following methods:
Email: <a href="/cdn-cgi/l/email-protection#d083bfbc9db1b9bc90b6bca2b1feb7bfa6"><span class="__cf_email__" data-cfemail="44172b2809252d2804222836256a232b32">[email protected]</span></a>. Include ``Privacy Act Regulations'' in the
subject line of the message.
Mail: Thomas Tso, Senior Agency Official for Privacy, Federal Labor
Relations Authority, 1400 K Street NW, Washington, DC 20424-0001.
Instructions: Do not mail written comments if they have been
submitted via email. Interested persons who mail written comments must
submit an original and 4 copies of each written comment, with any
enclosures, on 8\1/2\ x 11 inch paper. Do not deliver comments by hand.
FOR FURTHER INFORMATION CONTACT: If you have any questions, please
contact Thomas Tso, Solicitor, Senior Agency Official for Privacy, at
(771) 444-5779.
SUPPLEMENTARY INFORMATION: The proposed revisions to the FLRA's Privacy
Act (5 U.S.C. 552a) regulations update these regulations to account for
issues that have arisen since the regulations were last updated. For
example, these changes are proposed to reflect modifications that
clarify the FLRA's obligations under the Act and align with the
authority vested in the FLRA's Office of the Solicitor to process
Privacy Act requests. Modifications include the addition of language to
reflect the amendment of the Privacy Act by the Debt Collection Act of
1982 (which stated the circumstances under which Federal agencies could
disclose individual records to consumer reporting agencies). By
consolidating responsibility with the Solicitor, the designated Senior
Agency Official for Privacy, the proposed regulations ensure compliance
with the Senior Agency Official for Privacy's oversight requirements in
OMB M-16-24, ``Role and Designation of Senior Agency Officials for
Privacy'' in accordance with E.O. 13719, Establishment of the Federal
Privacy Council.'' [81 FR 7685, February 12, 2016]. The proposed
regulations also ensure the independence of the FLRA's Office of the
Inspector General (OIG or IG) by assigning all responsibilities to the
IG for deciding Privacy Act requests for records held by the IG. In
addition to some minor non-substantive changes to correct typographical
errors, small stylistic adjustments for clarification, and streamlined
language of some procedural provisions, the FLRA is proposing the
following changes:
<bullet> Section 2412.1 is revised to clarify that these
regulations are coordinated with regulations under the Freedom of
Information Act (FOIA) and these regulations do not concern personnel
records of FLRA employees.
<bullet> Section 2412.2 is revised to add definitions for four
terms used in the regulations: request for access, request for
amendment or correction, request for an accounting, and requester.
<bullet> Section 2412.4 is revised to streamline the procedure for
existence-of-records requests by directing all requests to the FLRA's
Solicitor, or the IG, as appropriate, and to include procedures for
verifying identity and filing an existence-of-records request as a
parent or guardian of an individual.
<bullet> Section 2412.5 is revised to streamline the procedure for
individual access requests by directing all requests to the FLRA's
Solicitor, or the IG, as appropriate, and to include procedures for
verifying identity and for filing an individual access request as a
parent or guardian of an individual.
<bullet> Section 2412.6 is removed and redesignated as Sec. 2412.7
and is revised to streamline the procedure for responding to access
requests by providing that the FLRA's Solicitor, or the IG, as
appropriate will issue all initial decisions on access requests.
Revisions also clarify that records will not be provided if they have
been compiled in reasonable anticipation of civil or criminal action or
other proceedings.
<bullet> Section 2412.7 is removed and integrated into newly
redesignated Sec. 2412.6 in order to consolidate all request
provisions.
<bullet> Section 2412.8 is removed and redesignated as Sec. 2412.6
and is revised to contain the limitations on disclosure and to
streamline the process for responding to third-party requests for
records by directing all such requests to the FLRA's Solicitor or the
IG. The revision also adds language to reflect the amendment of the
Privacy Act by the Debt Collection Act of 1982, which stated the
circumstances under which Federal agencies could disclose individual
records to consumer reporting agencies.
<bullet> Section 2412.9 is removed and redesignated as Sec. 2412.8
and is revised to include a procedure for requesting accountings of
record disclosures, for the FLRA's Solicitor or IG to respond to such
requests, and for an individual to appeal the Solicitor or IG's
decision. Revisions also identify certain types of records that are not
subject to accounting or disclosure of an accounting.
<bullet> Section 2412.10 is removed and redesignated as Sec.
2412.9 and is revised to streamline the procedure for requesting
amendment or correction of records by directing all such requests to
the FLRA's Solicitor or the IG and to list certain types of records
that are not subject to amendment or correction.
<bullet> Section 2412.11 is removed and redesignated as Sec.
2412.10 and is revised to streamline the procedure for responding to
requests for correction or amendment by providing that the FLRA's
Solicitor or IG will issue all initial decisions on access requests.
<bullet> Section 2412.12 is removed and redesignated as Sec.
2412.11 and is revised to streamline the procedure for
[[Page 70375]]
correction or amendment of previously disclosed records by providing
that the FLRA's Solicitor or IG will give notice of correction or
amendment, or notice of a written statement of disagreement, to all
persons to whom such records or copies have been disclosed.
<bullet> Section 2412.13 is removed and redesignated as Sec.
2412.12 and is revised to streamline the procedure for an individual to
appeal the initial decision of the FLRA's Solicitor or IG on a request
for information regarding, or access to, a system of records, for
amendment or correction of records, or for an accounting of disclosure
from records by providing that the individual may submit the appeal by
mail or by email to <a href="/cdn-cgi/l/email-protection#6b1b19021d0a08122b0d07190a450c041d"><span class="__cf_email__" data-cfemail="aededcc7d8cfcdd7eec8c2dccf80c9c1d8">[email protected]</span></a>.
<bullet> Section 2412.14 is removed and redesignated as Sec.
2412.13 and is revised to provide that an individual's Privacy Act
request for access to records will be considered an agreement to pay
all applicable fees charged under paragraph (b) of this section, up to
$25.00, unless the request specifies otherwise. It is further amended
to provide that the cost for paper-copy duplication of records is
twenty-five (25) cents per page, consistent with the duplication fees
charged by the FLRA under its FOIA regulations.
<bullet> Section 2412.15 is removed and redesignated as Sec.
2412.14.
<bullet> Section 2412.16 is removed and redesignated as Sec.
2412.15.
This proposed rule is internal and procedural rather than
substantive. It does not create a right to obtain FLRA records, nor
does it create any additional right or privilege not already available
to the public under the Privacy Act.
Regulatory Flexibility Act Certification
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the FLRA has determined that this regulation, as
amended, will not have a significant impact on a substantial number of
small entities. The Privacy Act primarily affects individuals and not
entities and the proposed rule would impose no duties or obligations on
small entities.
Unfunded Mandates Reform Act of 1995
This proposed rule change will not result in the expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100,000,000 or more in any one year, and it will
not significantly or uniquely affect small governments. Therefore, no
actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This action is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This proposed rule will not result in an annual effect on the
economy of $100,000,000 or more; a major increase in costs or prices;
or significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Paperwork Reduction Act of 1995
The amended regulations contain no additional information
collection or record-keeping requirements under the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501, et seq.
List of Subjects in 5 CFR Part 2412
Privacy Act.
For the reasons stated in the preamble, the Authority proposes to
revise 5 CFR part 2412 to read as follows:
PART 2412--PRIVACY
Sec.
2412.1 Purpose and scope.
2412.2 Definitions.
2412.3 Notice and publication.
2412.4 Existence-of-records requests.
2412.5 Individual access requests.
2412.6 Records about other individuals, medical records, and
limitations on disclosures.
2412.7 Initial decision on access requests.
2412.8 Accountings of disclosures and requests for accountings.
2412.9 Requests for amendment or correction of records.
2412.10 Initial decision on amendment or correction.
2412.11 Amendment or correction of previously disclosed records.
2412.12 Agency review of refusal to inform, to provide access to, or
to amend or correct records.
2412.13 Fees.
2412.14 Penalties.
2412.15 Exemptions.
Authority: 5 U.S.C. 552a.
Sec. 2412.1 Purpose and scope.
This part contains the regulations that the Federal Labor Relations
Authority (FLRA), including the Authority component (Authority), the
General Counsel of the FLRA (General Counsel), the Inspector General
(IG), and the Federal Service Impasses Panel (Panel), follow under the
Privacy Act of 1974, as amended, 5 U.S.C. 552a. These regulations
should be read together with the Privacy Act, which provides additional
information about records maintained on individuals. The regulations
apply to all records maintained by the Authority, the General Counsel,
the IG, and the Panel that are contained in a system of records, as
defined at Sec. 2412.2(d), and that are retrieved by an individual's
name or personal identifier. They describe the procedures by which
individuals may request access to records about themselves, request
amendment or correction of those records, and request an accounting of
disclosures of those records. In addition, the regulations limit the
access of other persons to those records. The Authority, the General
Counsel, the IG, and the Panel also process all Privacy Act requests
for access to records under the Freedom of Information Act, 5 U.S.C.
552, giving requesters the benefit of both statutes. These regulations
do not relate to those personnel records of Federal Government
employees, which are under the Office of Personnel Management's (OPM)
jurisdiction, to the extent such records are subject to OPM
regulations.
Sec. 2412.2 Definitions.
For the purposes of this part--
Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence.
Maintain includes maintain, collect, use, or disseminate.
Record means any item, collection, or grouping of information about
an individual that is maintained by the Authority, the General Counsel,
the IG, or the Panel including, but not limited to, information
regarding the individual's education, financial transactions, medical
history, and criminal or employment history, that contains the
individual's name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as a finger or
voice print or a photograph.
Request for access to a record means a request made under the
Privacy Act, 5 U.S.C. 552a(d)(1).
Request for amendment or correction of a record means a request
made under the Privacy Act, 5 U.S.C. 552a(d)(2).
Request for an accounting means a request made under the Privacy
Act, 5 U.S.C. 552a(c)(3).
Requester means an individual who makes an existence-of-records
request, a request for access, a request for amendment or correction,
or a request for an accounting under the Privacy Act.
System of records means a group of any records under the control of
the Authority, the General Counsel, the IG, or the Panel from which
information is
[[Page 70376]]
retrieved by the name of the individual or by some identifying
particular assigned to the individual.
Routine use means, with respect to the disclosure of a record, the
use of such record for a purpose which is compatible with the purpose
for which it was collected.
Sec. 2412.3 Notice and publication.
The Authority, the General Counsel, the IG, and the Panel will
publish in the Federal Register such notices describing systems of
records as are required by law.
Sec. 2412.4 Existence-of-records requests.
(a) If you want to know whether a system of records maintained by
the Authority, the General Counsel, the IG, or the Panel contains a
record pertaining to you, you may submit a written existence-of-records
request by mail to the FLRA's Solicitor or IG, as appropriate, at the
Authority's offices in Washington, DC, or by email to <a href="/cdn-cgi/l/email-protection#3343415a4552504a73555f41521d545c45"><span class="__cf_email__" data-cfemail="d3a3a1baa5b2b0aa93b5bfa1b2fdb4bca5">[email protected]</span></a>.
(b) You should clearly and prominently identify your request as a
Privacy Act request. If you submit the request by mail, it should bear
the mark ``Privacy Act Request'' on the envelope or other cover, as
well as your return address. If you submit the request by email, the
subject line of the email should include the phrase ``Privacy Act
Request.'' If you do not comply with the provisions of this paragraph,
your request will not be deemed received until the time it is actually
received by the FLRA's Solicitor or IG.
(c) An existence-of-records request must include your name and
address and must reasonably describe the system of records in question.
Whenever possible, the request should also describe the time periods in
which you believe the records were compiled and the name or identifying
number of each system of records in which you believe the records are
kept. The Authority, the General Counsel, the IG, and the Panel have
published descriptions of the systems of records they maintain in the
Federal Register.
(d) When you make an existence-of-records request regarding records
about yourself, you must verify your identity. You must state your full
name, current address, and date and place of birth. You must sign your
request and your signature must either be notarized or submitted by you
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. In order to help
the identification and location of requested records, you may also, at
your option, include your social security number.
(e) When making an existence-of-records request as the parent or
guardian of a minor or as the guardian of someone determined by a court
to be incompetent, you must establish:
(1) The identity of the individual who is the subject of the
record, by stating the name, current address, date and place of birth,
and, at your option, the social security number of the individual;
(2) Your own identity, following the requirements of paragraph (d)
of this section;
(3) That you are the parent or guardian of that individual, which
you may prove by providing a copy of the individual's birth certificate
showing your parentage or by providing a court order establishing your
guardianship; and
(4) That you are acting on behalf of that individual in making the
request.
(f) The Solicitor or IG, as appropriate, will advise you in writing
within ten (10) working days from receipt of your request whether the
system of records you identified contains a record pertaining to you or
to the individual for whom you are a parent or guardian and, if so, the
office in which that record is located. If the Solicitor or IG is
prohibited from, or there is otherwise an exemption that prevents,
disclosing whether a system of records contains a record pertaining to
you or to the individual for whom you are a parent or guardian, you
will be notified in writing of the reasons of that determination, and
of your right to appeal that determination under the provisions Sec.
2412.12.
Sec. 2412.5 Individual access requests.
(a) You may make a request for access to a record about yourself
that is contained in a system of records maintained by the Authority,
the General Counsel, the IG, or the Panel by submitting a written
request reasonably identifying the records sought to be inspected or
copied by mail to the FLRA's Solicitor or the IG at the Authority's
offices in Washington, DC, or by email to <a href="/cdn-cgi/l/email-protection#ea9a98839c8b8993aa8c86988bc48d859c"><span class="__cf_email__" data-cfemail="fc8c8e958a9d9f85bc9a908e9dd29b938a">[email protected]</span></a>. You must
describe the records that you want in enough detail to enable
Authority, General Counsel, IG, or Panel personnel to locate the system
of records containing them with a reasonable amount of effort. Whenever
possible, your request should describe the time periods in which you
believe the records were compiled and the name or identifying number of
each system of records in which you believe the records are kept. The
Authority, the General Counsel, the IG, and the Panel have published
descriptions of the systems of records they maintain in the Federal
Register.
(b) Your written request should be clearly and prominently
identified as a Privacy Act request. If you submit the request by mail,
it should bear the mark ``Privacy Act Request'' on the envelope or
other cover, as well as your return address. If you submit the request
by email, the subject line of the email should include the phrase
``Privacy Act Request.'' If your request does not comply with the
provisions of this paragraph, it will not be deemed received until the
time it is actually received by the FLRA's Solicitor or IG.
(c) If you desire, you may be accompanied by another person during
your review of the records. If you desire to be accompanied by another
person during the inspection, you must notify the Solicitor or IG at
least twenty-four hours in advance of the agreed-upon inspection date.
Additionally, you must sign a statement and provide it to the
representative of the Authority, the General Counsel, the IG, or the
Panel, as appropriate, at the time of the inspection, authorizing that
person to accompany you. The agency may require a written statement
from you authorizing discussion of your record in the accompanying
person's presence.
(d) When you make a request for access to records about yourself,
you must verify your identity. You must state your full name, current
address, and date and place of birth. You must sign your request and
your signature must either be notarized or submitted by you under 28
U.S.C. 1746, a law that permits statements to be made under penalty of
perjury as a substitute for notarization. In order to help the
identification and location of requested records, you may also, at your
option, include your social security number.
(e) When making a request as the parent or guardian of a minor or
as the guardian of someone determined by a court to be incompetent, for
access to records about that individual, you must establish:
(1) The identity of the individual who is the subject of the
record, by stating the name, current address, date and place of birth,
and, at your option, the social security number of the individual;
(2) Your own identity, following the requirements of paragraph (d)
of this section;
(3) That you are the parent or guardian of that individual, which
you may prove by providing a copy of the individual's birth certificate
showing your parentage or by providing a court
[[Page 70377]]
order establishing your guardianship; and
(4) That you are acting on behalf of that individual in making the
request.
Sec. 2412.6 Records about other individuals, medical records, and
limitations on disclosures.
(a) Requests for records about an individual made by person other
than that individual shall also be directed to the FLRA's Solicitor or
IG, as appropriate, at the Authority's offices in Washington, DC, or by
email to <a href="/cdn-cgi/l/email-protection#a3d3d1cad5c2c0dae3c5cfd1c28dc4ccd5"><span class="__cf_email__" data-cfemail="96e6e4ffe0f7f5efd6f0fae4f7b8f1f9e0">[email protected]</span></a>. You must describe the records that you want
in enough detail to enable Authority, General Counsel, IG, or Panel
personnel to locate the system of records containing them with a
reasonable amount of effort. Whenever possible, your request should
describe the time periods in which you believe the records were
compiled and the name or identifying number of each system of records
in which you believe the records are kept. The Authority, the General
Counsel, the IG, and the Panel have published descriptions of the
systems of records they maintain in the Federal Register.
(b) Such records shall only be made available to persons other than
that individual in the following circumstances:
(1) To any person with the prior written consent of the individual
about whom the records are maintained;
(2) To officers and employees of the Authority, the General
Counsel, the IG, and the Panel who have a need for the records in the
performance of their official duties;
(3) For a routine use compatible with the purpose for which it was
collected, as defined in 5 U.S.C. 552a(a)(7) and as described under 5
U.S.C. 552a(e)(4)(D);
(4) To any person to whom disclosure is required by the Freedom of
Information Act, as amended, 5 U.S.C. 552;
(5) To the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to title
13 of the United States Code;
(6) In a form not individually identifiable to a recipient who has
provided the Solicitor or IG with advance adequate written assurance
that the record will be used solely as a statistical research or
reporting record;
(7) To the National Archives and Records Administration or other
appropriate entity as a record which has sufficient historical or other
value warranting its preservation, or for evaluation by the Archivist
of the United States or the designee of such official to determine
whether the record has such value;
(8) To another agency or to an instrumentality of any governmental
jurisdiction within or under control of the United States for a civil
or criminal law enforcement activity that is authorized by law if the
head of the agency or instrumentality has made a written request for
the record to the Solicitor or IG, in accordance with part 2417 of this
chapter, specifying the particular portion desired and the law
enforcement activity for which the record is sought;
(9) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual, provided that
notification of such a disclosure shall be immediately mailed to the
last known address of the individual;
(10) To either House of Congress or to any committee thereof with
appropriate jurisdiction;
(11) To the Comptroller General, or any of Comptroller General's
authorized representatives, in the performance of the official duties
of the General Accountability Office;
(12) Pursuant to the order of a court of competent jurisdiction; or
(13) To a consumer reporting agency in accordance with 31 U.S.C.
3711(e).
(c) The request shall be in writing and should be clearly and
prominently identified as a Privacy Act request and, if submitted by
mail or otherwise submitted in an envelope or other cover, should bear
the mark ``Privacy Act Request'' on the envelope or other cover. If a
request does not comply with the provisions of this paragraph, it shall
not be deemed received until the time it is actually received by the
Solicitor or the IG.
(d) If medical records are requested for inspection which, in the
opinion of the Solicitor or the IG, as appropriate, may be harmful to
the requester if personally inspected by such person, such records will
be furnished only to a licensed physician designated to receive such
records by the requester. Prior to such disclosure, the requester must
furnish a signed written authorization to make such disclosure and the
physician must furnish a written request for the physician's receipt of
such records to the Solicitor or the IG, as appropriate.
(1) If such authorization is not executed within the presence of an
Authority, General Counsel, or Panel representative, the authorization
must be accompanied by a notarized statement verifying the
identification of the requester.
(2) [Reserved]
Sec. 2412.7 Initial decision on access requests.
(a) Within ten (10) working days of the receipt of a request
pursuant to Sec. 2412.5, the FLRA's Solicitor or IG will make an
initial decision regarding whether the requested records exist and
whether they will be made available to the requester. The Solicitor or
IG will promptly communicate that initial decision to you in writing or
other appropriate form.
(b) When the initial decision is to provide access to the requested
records, the writing or other appropriate communication notifying you
of the decision will:
(1) Briefly describe the records to be made available;
(2) State whether any records maintained about you in the system of
records in question are not being made available;
(3) State whether any further verification of your identity is
necessary; and
(4) Notify you of any fee charged under Sec. 2412.13.
(5) The Solicitor or IG will promptly disclose the requested
records to you upon payment of any applicable fee under Sec. 2412.13.
(c) When the initial decision is not to provide access to requested
records and accountings, the Solicitor or IG will, by writing or other
appropriate communication, explain the reason for that decision. The
Solicitor or IG will only refuse to provide you access when:
(1) Your verification of identity is inadequate under Sec.
2412.5(d);
(2) No such records are maintained or an exemption applies;
(3) Your information is contained in, and inseparable from, another
individual's record;
(4) The requested records have been compiled in reasonable
anticipation of civil or criminal action or other proceedings.
Sec. 2412.8 Accountings of disclosures and requests for accountings.
(a) The FLRA's Solicitor or IG, as appropriate, will maintain a
record (``accounting'') of every instance in which records about an
individual are made available, pursuant to this part, to any person
other than:
(1) Officers or employees of the Authority, the General Counsel,
the IG, or the Panel in the performance of their duties; or
(2) Any person pursuant to the Freedom of Information Act, as
amended, 5 U.S.C. 552.
(b) The accounting which shall be retained for at least five (5)
years or the life of the record, whichever is longer, shall contain the
following information:
[[Page 70378]]
(1) A brief description of records disclosed;
(2) The date, nature and, where known, the purpose of the
disclosure; and
(3) The name and address of the person or agency to whom the
disclosure is made.
(c) Except when accountings of disclosures are not required to be
kept (as stated in paragraph (a) of this section) or are withheld
accounting of disclosures that were made pursuant to 5 U.S.C.
552a(b)(7), you may make a request for an accounting of any disclosure
that has been made by the Solicitor or IG, to another person,
organization, or agency of any record about you. This accounting
contains the date, nature, and purpose of each disclosure, as well as
the name and address of the person, organization, or agency to which
the disclosure was made. Your request for an accounting should identify
each particular record in question and should be made by writing to the
FLRA's Solicitor or IG, as appropriate, following the procedures in
Sec. 2412.5.
(d) The FLRA's Solicitor or IG, as appropriate, will respond to
your request for access to an accounting following the procedures in
Sec. 2412.7. You may appeal the Solicitor or IG's decision on your
request under the procedures in Sec. 2412.12.
Sec. 2412.9 Requests for amendment or correction of records.
(a) Unless the record is not subject to amendment or correction as
stated in paragraph (b) of this section, you may make a request for
amendment or correction of an Authority, General Counsel, IG, or Panel
record about yourself or about an individual for whom you are a parent
or guardian by submitting a written request to the FLRA's Solicitor or
IG, as appropriate, following the procedures in Sec. 2412.5. Your
request should identify each particular record in question, state the
amendment or correction that you want, and state why you believe that
the record is not accurate, relevant, timely, or complete. Please note
that a requester bears the burden of proving by the preponderance of
the evidence that information is not accurate, relevant, timely, or
complete. You may submit any documentation that you think would be
helpful. If you believe that the same record is in more than one system
of records, your request should state that.
(b) The following records are not subject to amendment or
correction:
(1) Transcripts of testimony given under oath or written statements
made under oath;
(2) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings, which are the official record of those
proceedings;
(3) Records in systems of records that have been exempted from
amendment and correction under the Privacy Act, 5 U.S.C. 552a(j) or
(k), by notice published in the Federal Register; and
(4) Records compiled in reasonable anticipation of a civil action
or proceeding.
Sec. 2412.10 Initial decision on amendment or correction.
(a) Within ten (10) working days after receiving your request for
amendment or correction, the FLRA's Solicitor or IG, as appropriate,
will acknowledge receipt of the request and, under normal
circumstances, the Solicitor or IG will notify you, by mail or other
appropriate means, of the decision regarding the request not later than
thirty (30) working days after receiving of the request.
(b) The notice of decision will include:
(1) A statement of whether the Solicitor or IG has granted or
denied your request, in whole or in part;
(2) A quotation or description of any amendment or correction made
to any records; and
(3) When a request is denied in whole or in part, an explanation of
the reason for that denial and of your right to appeal the decision to
the Chairman of the Authority, pursuant to Sec. 2412.12.
Sec. 2412.11 Amendment or correction of previously disclosed
records.
When a record is amended or corrected pursuant to Sec. 2412.10, or
a written statement of disagreement filed, pursuant to Sec. 2412.12,
the FLRA's Solicitor or IG, as appropriate, will give notice of that
correction, amendment, or written statement of disagreement to all
persons to whom such records or copies have been disclosed, as recorded
in the accounting kept pursuant to Sec. 2412.8.
Sec. 2412.12 Agency review of refusal to inform, to provide access
to, or to amend or correct records.
(a) If your request for information regarding whether a system of
records contains information about you or an individual for whom you
are a parent or guardian, or your request for access to, or amendment
or correction of, records of the Authority, the General Counsel, the
IG, or the Panel, or an accounting of disclosure from such records, has
been denied in whole or in part by an initial decision, you may, within
thirty (30) working days after your receipt of notice of the initial
decision, appeal that decision by filing a written request by mail to
the Chairman of the Authority at the Authority's offices in Washington,
DC, or by email to <a href="/cdn-cgi/l/email-protection#4d3d3f243b2c2e340d2b213f2c632a223b"><span class="__cf_email__" data-cfemail="e494968d9285879da482889685ca838b92">[email protected]</span></a>.
(b) The appeal must describe:
(1) The request you initially made for information regarding,
access to, or the amendment or correction of, records;
(2) The initial decision of the FLRA's Solicitor or IG on the
request; and
(3) The reasons why that initial decision should be modified by the
Chairman of the Authority.
(c) Not later than thirty (30) working days after receipt of a
request for review (unless such period is extended by the Chairman of
the Authority or the Chairman's designee for good cause shown), the
Chairman of the Authority or the Chairman's designee will notify you of
their decision on your request. If the Chairman of the Authority or the
Chairman's designee upholds the initial decision not to inform the
individual of whether requested records exist, or not to provide access
to requested records or accountings, or not to amend or correct the
records as requested, then the Chairman of the Authority or the
Chairman's designee will notify you of your right:
(1) To judicial review of the Chairman of the Authority or the
Chairman's designee's decision pursuant to 5 U.S.C. 552a(g)(1); and
(2) To file with the FLRA's Solicitor or IG, as appropriate, a
concise written statement of disagreement with the determination. That
written statement of disagreement will be made a part of the record and
will accompany that record in any use or disclosure of the record.
Sec. 2412.13 Fees.
(a) Your Privacy Act request for access to records will be
considered an agreement to pay all applicable fees charged under
paragraph (b) of this section, up to $25.00. When making a request, you
may specify a willingness to pay a greater or lesser amount.
(b) There will be a charge of twenty-five cents per page for paper-
copy duplication of records disclosed under this part. For copies of
records produced on tapes, disks, or other media, the Solicitor or IG
will charge the actual cost of production, including operator time.
(c) The FLRA's Solicitor or IG may waive or reduce any charges
under this section whenever it is in the public interest to do so.
Sec. 2412.14 Penalties.
Any person who knowingly and willfully requests or obtains any
record
[[Page 70379]]
concerning an individual from the Authority, the General Counsel, the
IG, or the Panel under false pretenses will be subject to criminal
prosecution under 5 U.S.C. 552a(i)(3), which provides that such person
shall be guilty of a misdemeanor and fined not more than $5,000.
Sec. 2412.15 Exemptions.
(a) Files of FLRA's Office of Inspector General (OIG) compiled for
the purpose of a criminal investigation and for related purposes.
Pursuant to 5 U.S.C. 552a(j)(2), the FLRA hereby exempts the system of
records entitled ``FLRA/OIG-1, Office of Inspector General
Investigative Files,'' insofar as it consists of information compiled
for the purposes of a criminal investigation or for other purposes
within the scope of 5 U.S.C. 552a(j)(2), from the application of 5
U.S.C. 552a, except for 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A)
through (F), (e)(6), (7), (9), (10), (11) and (i).
(b) OIG files compiled for other law enforcement purposes. Pursuant
to 5 U.S.C. 552a(k)(2), the FLRA hereby exempts the system of records
entitled ``FLRA/OIG-1, Office of Inspector General Investigative
Files,'' insofar as it consists of information compiled for law
enforcement purposes other than material within the scope of 5 U.S.C.
552a(j)(2), from the application of 5 U.S.C. 552a, (c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f).
Dated: October 4, 2023.
Thomas Tso,
Solicitor.
[FR Doc. 2023-22439 Filed 10-10-23; 8:45 am]
BILLING CODE 7627-01-P
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</html>Indexed from Federal Register on October 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.