(a) Form of notice granting request for access. A request by the
individual data subject for access to his or her own records shall not
be denied unless both a Privacy Act exemption and a Freedom of
Information Act exemption apply to the requested records. A component
shall make a determination within 30 days to grant or deny a request
for access in whole or in part. If the request is granted in whole, the
component shall so notify the requester in writing. The notice shall
describe the manner in which access to the record will be granted and
shall inform the requester of any fees to be charged in accordance with
Sec. 71.6.
(b) Form of notice denying request for access. A component denying
a request for access in whole or in part shall so notify the requester
in writing. The notice, signed by the responsible agency official,
shall include:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reason or reasons for the denial,
including the Privacy Act and FOIA exemption or exemptions which the
component has relied upon in denying the request; and
(3) A statement that the denial may be appealed under Sec. 71.7(a),
and a description of the requirements of that paragraph.
(c) Record cannot be located. If no records are found which are
responsive to the request, the component shall so notify the requester
in writing. Such notification by the component shall inform the
requester that, if the requester considers this response to be a denial
of their request, the requester has a right to appeal to the Solicitor
of Labor, within ninety days, as set forth in Sec. 71.7.
(d) Medical records. When an individual requests medical records
concerning himself, which are not otherwise exempt from disclosure, the
disclosure officer shall, if deemed necessary because of possible harm
to the individual, advise the individual that the Department of Labor
believes that the records should be provided to a physician designated
in writing by the individual. In addition, the Department shall request
the individual to designate such a physician. Upon receipt of the
designation, the disclosure officer will permit the physician to review
the records or to receive copies of the records by mail, upon proper
verification of identity.
