(a) Procedure for making requests for access to records. An
individual, or legal representative acting on his behalf, may request
access to a record about himself by appearing in person or by writing
to the component that maintains the record. (See appendix A to this
part which lists the components of the Department of Labor and their
addresses.) A requester in need of guidance in defining his request may
write to the Assistant Secretary for Administration and Management,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210-0002. A request should be addressed to the component that
maintains the requested record. Both the envelope and the request
itself should be marked: ``Privacy Act Request.''
(b) Description of records sought. A request for access to records
must describe the records sought in sufficient detail to enable
Department personnel to locate the system of records containing the
record with a reasonable amount of effort. Whenever possible, a request
for access should describe the nature of the record sought, the date of
the record or the period in which the record was compiled, and the name
or identifying number of the system of records in which the requester
believes the record is kept.
(c) Agreement to pay fees. The filing of a request for access to a
record under this subpart shall be deemed to constitute an agreement to
pay all applicable fees charged under Sec. 71.6 up to $25.00. The
component responsible for responding to the request shall confirm this
agreement in its letter of acknowledgment to the requester. When filing
a request, a requester may specify a willingness to pay a greater
amount, if applicable.
(d) Verification of identity. Any individual who submits a request
for access to records must verify his identity in one of the following
ways:
(1) Any requester making a request in writing must state in his
request his full name, and current address. In addition, a requester
must provide with his request an example of his signature, which shall
be notarized, or signed as an unsworn declaration under penalty of
perjury, pursuant to 28 U.S.C. 1746. In order to facilitate the
identification of the requested records, a requester may also include
in his request his Social Security number.
(2) Any requester submitting a request in person may provide to the
component a form of official photographic identification, such as a
passport, an identification badge or a driver's license which contains
the photograph of the requester. If a requester is unable to produce a
form of photographic identification, he may provide to the component
two or more acceptable forms of identification bearing his name and
address. In all cases, sufficient identification must be presented to
confirm that the requester is the individual data subject.
(e) Verification of guardianship. The parent, guardian, or
representative of a minor or the guardian or representative of a person
judicially determined to be
incompetent who submits a request for access to the records of the
minor or incompetent must establish:
(1) His identity, as required in paragraph (d) of this section,
(2) That the requester is the parent, guardian, or representative
of the subject of the record, which may be proved by providing a copy
of the subject's birth certificate showing parentage or by providing a
court order establishing the guardianship, and
(3) That he seeks to act on behalf of the subject of the record.
(f) The disclosure officer may waive the requirements set forth in
paragraphs (d) and (e) of this section when he deems such action to be
appropriate, and may substitute in lieu thereof, other reasonable means
of identification.
