Rule2024-04939
Making a Privacy Act Request
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
March 8, 2024
Effective
April 17, 2024
Issuing agencies
National Archives and Records Administration
Abstract
The National Archives and Records Administration (NARA) is amending our regulations on the Privacy Act to allow individuals to submit electronic Privacy Act requests.
Full Text
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<title>Federal Register, Volume 89 Issue 47 (Friday, March 8, 2024)</title>
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[Federal Register Volume 89, Number 47 (Friday, March 8, 2024)]
[Rules and Regulations]
[Pages 16697-16698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04939]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
36 CFR Part 1202
[FDMS No. NARA-24-0004; NARA-2024-017]
RIN 3095-AC21
Making a Privacy Act Request
AGENCY: National Archives and Records Administration (NARA).
ACTION: Direct final rule.
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SUMMARY: The National Archives and Records Administration (NARA) is
amending our regulations on the Privacy Act to allow individuals to
submit electronic Privacy Act requests.
DATES: This rule is effective April 17, 2024, without further action,
unless we receive actionable adverse comments by March 28, 2024. If we
receive such comments, we will publish a withdrawal of the rule in the
Federal Register.
ADDRESSES: You may submit comments, identified by RIN 3095-AC21 by the
following method:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. All submissions must include NARA's name and the regulatory
information number for this rule (RIN 3095-AC21). We may publish any
comments we receive without changes, including any personal information
you include.
<bullet> Mail (for paper, flash drive, or CD-ROM submissions.
Include ``RIN 3095-AC21'' on the submission): National Archives and
Records Administration; Regulation Comments Desk, Suite 4100; 8601
Adelphi Road; College Park, MD 20740-6001.
FOR FURTHER INFORMATION CONTACT: Kimberly Richardson, Strategy and
Performance Division, by email at <a href="/cdn-cgi/l/email-protection#a7d5c2c0d2cbc6d3cec8c9f8c4c8cacac2c9d3d4e7c9c6d5c689c0c8d1"><span class="__cf_email__" data-cfemail="e5978082908984918c8a8bba868a8888808b9196a58b849784cb828a93">[email protected]</span></a>, by
email at <a href="/cdn-cgi/l/email-protection#90fbf9fdf2f5e2fce9bee2f9f3f8f1e2f4e3fffed0fef1e2f1bef7ffe6"><span class="__cf_email__" data-cfemail="096260646b6c7b6570277b606a61687b6d7a66674967687b68276e667f">[email protected]</span></a>, or by phone at 301-837-2902.
Contact <a href="/cdn-cgi/l/email-protection#b2c2c0dbc4d3d1cbf2dcd3c0d39cd5ddc4"><span class="__cf_email__" data-cfemail="a6d6d4cfd0c7c5dfe6c8c7d4c788c1c9d0">[email protected]</span></a> with any questions on NARA's privacy program.
SUPPLEMENTARY INFORMATION: The National Archives and Records
Administration (NARA) is amending our regulations to allow individuals
to submit electronic Privacy Act requests. The revision will
incorporate the requirements of the CASES Act and OMB Memo M-21-04.
These authorities require agencies to provide a digital service option
for individuals to make a digital Privacy Act request. The revised
regulation will describe how individuals can make a digital Privacy Act
request through NARA's website.
Regulatory Analysis
Review Under Executive Order 12866, Regulatory Planning and Review, 58
FR 51735; Executive Order 13563, Improving Regulation and Regulation
Review, 76 FR 23821; and Executive Order 14094, Modernizing Regulatory
Review, 88 FR 21879
The Office of Management and Budget (OMB) has reviewed this rule
and determined it is not ``significant'' under section 3(f) of
Executive Order 12866. It is not significant because it consists of
administrative and minor revisions, involves agency organization and
management, does not change substantive requirements, and imposes no
costs on the public.
Review Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.)
This review requires an agency to prepare an initial regulatory
flexibility analysis and publish it when the agency publishes the
proposed rule. This requirement does not apply if the agency certifies
that the rulemaking will not, if promulgated, have a significant
economic impact on a substantial number of small entities (5 U.S.C.
603). We certify, after review and analysis, that this rule will not
have a significant adverse economic impact on small entities.
Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.)
This rule does not impose additional information collection
requirements on the public that are subject to the Paperwork Reduction
Act.
Review Under Executive Order 13132, Federalism, 64 FR 43255
Review under Executive Order 13132 requires that agencies review
regulations for federalism effects on the institutional interest of
states and local governments, and, if the effects are sufficiently
substantial, prepare a federalism assessment to assist senior policy
makers. This rule will not have any effects on state and local
governments within the meaning of the
[[Page 16698]]
Executive order. Therefore, no federalism assessment is required.
Review Under the Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4;
2 U.S.C. 1532)
Review under the Unfunded Mandates Reform Act requires that
agencies determine whether any Federal mandate in the rulemaking may
result in state, local, and tribal governments, in the aggregate, or
the private sector, expending $100 million in any one year. NARA
certifies that this rule does not contain a Federal mandate that may
result in such an expenditure, and this rule is therefore not subject
to this requirement.
List of Subjects in 36 CFR Part 1202
Privacy.
For the reasons stated in the preamble, NARA amends 36 CFR part
1202 as follows:
PART 1202--REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974
0
1. The authority citation for part 1202 continues to read as follows:
Authority: 5 U.S.C. 552a; 44 U.S.C. 2104(a).
0
2. Revise Sec. 1202.40 to read as follows:
Sec. 1202.40 How can I gain access to NARA records about myself?
(a) If you wish to request access to information about yourself
contained in a NARA Privacy Act system of records, you may do so in
writing or electronically.
(1) Written requests must be directed to the NARA Privacy Act
Officer, National Archives and Records Administration, Rm. 3110, 8601
Adelphi Rd., College Park, MD 20740-6001. Your request should be
clearly marked on the letter and the envelope as a ``Privacy Act
Request.''
(2) Electronic requests may be initiated online at <a href="https://www.archives.gov/privacy">https://www.archives.gov/privacy</a>.
(b) If you wish to allow another person to review or obtain a copy
of your record, you must provide authorization in writing or
electronically for that person to obtain access as part of your
request.
(c) Your request must contain:
(1) The complete name and identifying number of the NARA system as
published in the Federal Register;
(2) A brief description of the nature, time, place, and
circumstances of your association with NARA;
(3) Any other information which you believe would help NARA to
determine whether the information about you is included in the system
of records;
(4) If you are authorizing another individual to have access to
your records, the name of that person; and
(5) A Privacy Act certification of identity. When you make a
request for access to records about yourself, you must verify your
identity.
(i) If you are submitting a written request, 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. While no specific
form is required, you may obtain a Certification of Identity form for
this purpose from the NARA Privacy Act Officer. The following
information is required:
(A) Your full name;
(B) An acknowledgment that you understand the criminal penalty in
the Privacy Act for requesting or obtaining access to records under
false pretenses (5 U.S.C. 552a(i)(3)); and
(C) A declaration that your statement is true and correct under
penalty of perjury (18 U.S.C. 1001).
(ii) If you are submitting an electronic request, you must provide
an electronically signed statement on the electronic form. The
statement affirms your identity and the fact that you understand
penalties associated with requesting information under false pretenses.
(d) The procedure for accessing an accounting of disclosure is
identical to the procedure for access to a record as set forth in this
section.
Colleen J. Shogan,
Archivist of the United States.
[FR Doc. 2024-04939 Filed 3-7-24; 8:45 am]
BILLING CODE 7515-01-P
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