ALL PRIVACY ACT REQUESTS
MUST BE SIGNED AND SUBMITTED IN WRITING TO: |
FOIA/Privacy
Counsel
Office of General Counsel
Executive Office for U.S. Trustees
United States Department of Justice
20 Massachusetts Ave., N.W. (Suite 8100)
Washington, DC 20530 |
As noted
in the Privacy
Act (5
U.S.C. 552a) and the Department's Privacy
Act Overview, an individual United States citizen or Legal
Permanent Resident may seek to access, correct, or amend records
that are retrieved by name or other personal identifier
such as one's social security number (SSN) contained
in U.S. Trustee Program systems-of-records. Such requests
will be processed in accordance with applicable legal requirements
and exemptions under the governing regulations (e.g., 28
CFR 16.40 and 28
CFR 16.77) and statutes such as FOIA
and the Privacy Act (cf. 5
U.S.C. 552a(j)-(k)), as appropriate.
Although requests
may be made in any written form that bears the requester's
signature, they must be sent to the above address, and they
should include a return address that identifies your street
name/number, so we may respond via certified mail. For
further guidance, see below and consult 28
CFR 16.40, et seq. (Subpart D) ("Protection of Privacy
and Access to Individual Records Under the Privacy Act of
1974").
Requests for information contained
in a PA system-of-records must: (1) be accompanied by a consent
form or verification of identity (see below) attesting that
you are the record subject (or his/her legal guardian) or
that you have the record subject's consent; (2) clearly identify
the particular record(s) at issue; and (3) indicate the precise
nature of any amendment, correction, or other action sought,
and the reason or justification for such action.
In identifying the record(s) at issue, please describe them
in sufficient detail to enable USTP staff to conduct a search
for the requested records with a reasonable amount of effort
(e.g., bankrupcty case files, personnel records, etc.).
Likewise — to minimize billable search and related fees—
please specify which USTP region
or office you
are inquiring about. |
VERIFICATION
OF IDENTITY & CONSENT: |
A request for access to
records about yourself must contain a verification of identity
consisting, at a minimum, of your full name, your current
address, and your date and place of birth. To facilitate the
identification and retrieval of requested records, requests
should also contain your social security number (SSN) and/or
alien or employee identification number.
If you seek information regarding third parties, "either
a written authorization signed by that individual permitting
disclosure of those records to you or proof that that individual
is deceased (for example . . . a death certificate or an obituary)
will help the processing of your request." See
28 CFR § 16.3(a); accord Privacy
Act Guide and FOIA
Reference Guide.
All such requests must be signed, and your signature must
be notarized or submitted under 28
U.S.C. 1746, a law allowing unnotarized statements to
be made under penalty of perjury. For further information,
see 28
CFR 16.41(d) ("Verification of Identity"). If
you are authorizing a third-party to obtain records regarding
you, please also submit a signed consent form.
While no special verification-of-identity or consent forms
are required, you may use Department of Justice Form
361 (Certification
of Identity) or Form G-639 (FOIA/PA
Request), as appropriate. |
VERIFICATION
OF GUARDIANSHIP (28 CFR 16.41(e)): |
The parent or guardian
of either a child or of a person judicially determined to
be incompetent and seeking access to records of the minor
or incompetent must verify:
For further instructions, see 28
CFR 16.41(e) ("Verification of Guardianship"). |
FEES: |
Privacy Act requests are
subject to duplication, search, and/or review fees to the
extent authorized by 28
CFR 16.49 ("Fees"); see also 28
CFR 16.11. Unless otherwise specified, your request for
records under the Privacy Act constitutes your agreement to
pay all applicable fees up to $25. See 28
CFR 16.41(c) ("Agreement to Pay Fees"). A requester
will typically be notified beforehand if it appears that fees
will exceed $25.
For further information, you may also wish to visit the Department's
Office of Information
& Privacy home page. Thank you. |
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