Title 15 - COMMERCE AND FOREIGN TRADE

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act

Sec. 4.30  Disclosure of record to person other than the individual to
whom it pertains.

    (a) The Department may disclose a record pertaining to an
individual to a person other than the individual to whom it pertains
only in the following instances:
    (1) Upon written request by the individual, including authorization
under Sec. 4.25(f);
    (2) With the prior written consent of the individual;
    (3) To a parent or legal guardian under 5 U.S.C. 552a(h);
    (4) When required by the Act and not covered explicitly by the
provisions of 5 U.S.C. 552a(b); and
    (5) When permitted under 5 U.S.C. 552a(b)(1) through (12);

    (i) To those officers and employees of the agency that maintains
the record who have a need for the record in the performance of their
duties;
    (ii) Required under 5 U.S.C. 552;
    (iii) For a routine use as defined in 5 U.S.C. 552a(a)(7);
    (iv) To the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to the
provisions of Title 13 of the U.S. Code;
    (v) To a requester who has provided the agency with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
    (vi) To the National Archives and Records Administration as a
record that has sufficient historical or other value to warrant its
continued preservation by the United States Government, or for
evaluation by the Archivist of the United States, or the designee of
the Archivist, to determine whether the record has such value;
    (vii) To another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the activity
is authorized by law, and if the head of the agency or instrumentality
has made a written request to the agency which maintains the record,
specifying the particular portion desired and the law enforcement
activity for which the record is sought;
    (viii) To a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if upon
such disclosure notification is transmitted to the last known address
of such individual;
    (ix) To either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress or subcommittee of any such joint
committee;
    (x) To the Comptroller General, or any of his or her authorized
representatives, in the course of the performance of the duties of the
General Accounting Office;
    (xi) Pursuant to the order of a court of competent jurisdiction; or
    (xii) To a consumer reporting agency in accordance with 31 U.S.C.
3711(e).
    (b) The situations referred to in paragraph (a)(4) of this section
include the following:
    (1) 5 U.S.C. 552a(c)(4) requires dissemination of a corrected or
amended record or notation of a disagreement statement by the
Department in certain circumstances;
    (2) 5 U.S.C. 552a(d) requires disclosure of records to the
individual to whom they pertain, upon request; and
    (3) 5 U.S.C. 552a(g) authorizes civil action by an individual and
requires disclosure by the Department to the court.
    (c) The Privacy Officer shall make an accounting of each disclosure
by him of any record contained in a system of records in accordance
with 5 U.S.C. 552a(c)(1) and (2). Except for a disclosure made under 5
U.S.C. 552a(b)(7), the Privacy Officer shall make such accounting
available to any individual, insofar as it pertains to that individual,
upon any request submitted in accordance with Sec. 4.24. The Privacy
Officer shall make reasonable efforts to notify any individual when any
record in a system of records is disclosed to any person under
compulsory legal process, promptly upon being informed that such
process has become a matter of public record.