Privacy Act/Freedom of Information Act Requests File System.
None.
A. Departmental Offices in Washington, DC
B. Regional offices of the Department.
Individuals who have submitted Privacy Act and Freedom Of Information
Act requests under (5 U.S.C. 552a and 552).
This system contains initial requests under the Acts, responses, and
related documents.
The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information Act
(5 U.S.C. 552); and 5 U.S.C.301).
This system of records is maintained for various reasons as follows:
a. To process individuals' requests made under the Privacy Act
and the Freedom of Information Act.
b. To provide a record of communications between the requester
and the agency.
c. To ensure that all relevant, necessary and accurate data
are available to support any process for appeal.
d. To provide a legal document to support any process for
appeal.
e. To prepare the annual reports to OMB and Congress as
required by the Privacy and Freedom of Information Acts.
These records, and information in these records, may be used:
a. To disclose information to the Office of Management and
Budget at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular No.
A-19.
b. To disclose information to Federal agencies (e.g.,
Department of Justice) in order to obtain advice and recommendation concerning
matters on which the agency has specialized experience or particular
competence, for use in making required determinations under the Freedom of
Information Act or the Privacy Act of 1974.
c. 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 request, and to identify the type of
information requested), where necessary to obtain information relevant to a
decision concerning a Privacy Act, Freedom of Information Act request.
d. To disclose information to another Federal agency, to a
court, or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, either when the Government is a
party to a judicial proceeding or in order to comply with the issuance of a
subpoena.
e. 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.
f. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and other
merit systems, review of Office rules and regulation, investigations of alleged
or possible prohibited personnel practices, and such other functions, e.g., as
prescribed in 5 U.S.C. 1205 and 1206, or as may be authorized by law.
g. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into alleged or
possible discrimination complaints in the Federal sector, examination of
Federal Affirmative employment programs, compliance by Federal agencies with
the Uniform Guidelines on Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. l of 1978.
h. To disclose information to the Federal Labor Relations
Authority or its General Counsel when requested in connection with
investigations of allegations of unfair labor practices or matters before the
Federal Service Impasses Panel.
None.
These records are maintained in file folders.
These records are retrieved by name of individual making request and by
date of request.
These records are located in lockable metal filing cabinets with access
limited to personnel whose duties require access.
Destroyed two years after response date if no denial was involved.
Destroyed five years after response date if denial of records was involved. If
there is an appeal to the Solicitor of Labor, the records are destroyed six
years after final agency determination or 3 years after final court
adjudication, whichever is later.
Head of agencies or component units within the Department who have
custody of the records. (See the appropriate Agency Official in the listing in
the Appendix to this document.
Individuals wishing to inquire whether this system of records contains
information about them should contact the system manager at the appropriate
office or region where their original Privacy Act or Freedom of Information Act
request was sent, or where they received responses to such requests.
A request for access shall be addressed to each facility to which the
requester has submitted a Freedom of Information Act or Privacy Act request.
Individuals must furnish the
following information for their records to be located and identified:
a. Name
b. Approximate dates of Privacy Act/FOIA Act correspondence
between the Department of Labor and the individual.
A petition for amendment shall be addressed to the System Manager
listed above.
Information in this system of records comes from: the individual
requester; official documents, agency officials, and other Federal agencies.
The Department of Labor has claimed exemptions from several of its
other systems of records under 5 U.S.C. 552a(k) (1), (2), (3), (5), and (6).
During the course of a PA/FOIA action, 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
PA/FOIA case records, the Department has claimed the same exemptions for the
records as they have in the original primary system of records of which they
are a part.
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