Freedom of Information Act and Privacy Act Appeal Files
None.
Office of the Solicitor, Division of Legislation and Legal Counsel,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210.
This system encompasses all individuals who submit administrative
appeals under the Freedom of Information and Privacy Acts.
Each file generally contains the appeal letter, the initial request,
the initial agency determination, and other records necessary to make a
determination on the appeal, including copies of unsanitized records responsive
to the request. When a determination is made on the appeal, the determination
letter is added to the file.
The Freedom of Information Act (5 U.S.C. 552); the Privacy Act of 1974
(5 U.S.C. 552a); and 5 U.S.C. 301.
These records are maintained to process an individual's administrative
appeal made under the provisions of the Freedom of Information and the Privacy
Acts. The records are also used to prepare the Department's annual reports to
OMB and Congress required by the Privacy and the Freedom of Information
Acts.
These records, and information in these records, that is relevant and
necessary may be used:
a. To disclose information to Federal agencies (e.g., Department of
Justice) in order to obtain advice and recommendations concerning matters on
which the agency has specialized experience or competence, for use by the
Office of the Solicitor in making required appeal determinations and related
dispositions under the Freedom of Information Act or the Privacy Act of
1974.
b. To disclose information to any source from which additional
information is requested (to the extent necessary to identify the individual,
inform the source of the purpose of the appeal, and to identify the type of
information involved in an appeal), where necessary to obtain information
relative to a decision concerning a Freedom of Information or Privacy Act
appeal.
c. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject matter
involved in a pending judicial or administrative proceeding.
None.
These records are maintained in manual form in file folders and are
stored using the name of the individual filing the appeal. Information about
the status of Freedom of Information and Privacy Act appeals is also maintained
on magnetic media for use in a micro-computer.
Manual and the electronic records are retrieved by the name of the
individual making the appeal. Electronic records are retrieved by the name of
the appellant, the appellant's law firm, the original requester, the subject,
the denying officer, the disposition date, and the case number.
These records, are located in metal filing cabinets in a lockable room
with access limited to personnel whose duties require access. The electronic
records are located in a computer data base.
These records are destroyed six years after final agency determination
or 3 years after final court adjudication, whichever is later.
Solicitor of Labor, U.S. Department of Labor, Washington DC 20210.
Individuals wishing to inquire whether this system of records contains
information about them should contact the system manager at the address listed
above.
A request for access shall be addressed to the system manager at the
address listed above. Individuals must furnish the following information for
their records to be located and identified:
a. Name.
b. Approximate date of the Freedom of Information or Privacy Act Appeal
and the approximate date of the determination by the Department (if
issued).
A petition for amendment shall be addressed to the System Manager and
must meet the requirements of 29 CFR 71.9.
Information in this system of records comes from:
a. The individual who is the subject of the records.
b. Official personnel documents of the agency, including records from
any other agency system or records included in this notice.
c. Agency officials who responded initially to the Freedom of
Information and Privacy Act requests.
d. Other sources whom the agency believes have information pertinent to
an agency decision on a Freedom of Information or Privacy Act appeal.
The Department of Labor has claimed exemptions for several of its other
systems of records under 5 U.S.C. 552a(k)(1), (2),(3),(5), and (6). During the
course of processing a Freedom of Information or Privacy Act appeal, exempt
materials from those other systems may become part of the case record in this
system. To the extent that copies of exempt records from those other systems
are entered into these Freedom of Information and Privacy Act appeals files,
the Department has claimed the same exemptions for the records as they have in
the original primary system or records of which they are a part.
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