Title 15 - COMMERCE AND FOREIGN TRADE

PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act
 

Sec. 4.23  Procedures for making inquiries.

    (a) Any individual, regardless of age, who is a citizen of the
United States or an alien lawfully admitted for permanent residence
into the United States may submit an inquiry to the Department. The
inquiry should be made either in person or by mail addressed to the
appropriate component identified in Appendix A to this part or to the
official identified in the notification procedures paragraph of the
systems of records notice published in the Federal Register.\2\ If an
individual believes the Department maintains a record pertaining to him
or her but does not know which system of records might contain such a
record and/or which component of the Department maintains the system of
records, assistance in person or by mail will be provided at the first
address listed in Appendix A to this part.
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    \2\ The United States Patent and Trademark Office (USPTO), which
is established as an agency of the United States within the
Department of Commerce, operates under its own PA regulations at 37
CFR part 102, subpart B. Accordingly, requests concerning records
maintained by the USPTO should be sent directly to the USPTO.
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    (b) Inquiries submitted by mail should include the words ``PRIVACY
ACT INQUIRY'' in capital letters at the top of the letter and on the
face of the envelope. If the inquiry is for general information
regarding the Act and this subpart, no particular information is
required. The Department reserves the right to require compliance with
the identification procedures appearing at Sec. 4.24(d). If the inquiry
is a request that the Department determine whether it has a record
pertaining to the individual, the following information should be
submitted:
    (1) Name of individual whose record is sought;
    (2) Statement that individual whose record is sought is either a
U.S. citizen or an alien lawfully admitted for permanent residence;
    (3) Identifying data that will help locate the record (for example,
maiden name, occupational license number, period or place of
employment, etc.);
    (4) Record sought, by description and by record system name, if
known;
    (5) Action requested (that is, sending information on how to
exercise rights under the Act; determining whether requested record
exists; gaining access to requested record; or obtaining copy of
requested record);
    (6) Copy of court guardianship order or minor's birth certificate,
as provided in Sec. 4.24(d)(3), but only if requester is guardian or
parent of individual whose record is sought;
    (7) Requester's name (printed), signature, address, and (optional)
telephone number;
    (8) Date; and,
    (9) Certification of request by notary or other official, but only
if
    (i) Request is for notification that requested record exists, for
access to requested record, or for copy of requested record;
    (ii) Record is not available to any person under 5 U.S.C. 552; and
    (iii) Requester does not appear before an employee of the
Department for verification of identity.
    (c) Any inquiry which is not addressed as specified in paragraph
(a) of this section or which is not marked as specified in paragraph
(b) of this section will be so addressed and marked by Department
personnel and forwarded immediately to the responsible Privacy Officer.
An inquiry which is not properly addressed by the individual will not
be deemed to have been ``received'' for purposes of measuring the time
period for response until actual receipt by the Privacy Officer. In
each instance when an inquiry so forwarded is received, the Privacy
Officer shall notify the individual that his or her inquiry was
improperly addressed and the date the inquiry was received at the
proper address.
    (d)(1) Each inquiry received shall be acted upon promptly by the
responsible Privacy Officer. Every effort will be made to respond
within ten working days (i.e., excluding Saturdays, Sundays and legal
public holidays) of the date of receipt at the proper address. If a
response cannot be made within ten working days, the Privacy Officer
shall send an acknowledgment during that period providing information
on the status of the inquiry and asking for such further information as
may be necessary to process the inquiry. The first correspondence sent
by the Privacy Officer to the requester shall contain the Department's
control number assigned to the request, as well as a statement that the
requester should use that number in all future contacts with the
Department. The Department shall use that control number in all
subsequent correspondence.
    (2) If the Privacy Officer fails to send an acknowledgment within
ten working days, as provided in paragraph (d)(1) of this section,
requester may ask  the Assistant General Counsel for Administration to take
take corrective action.  No failure of a Privacy Officer to send an
acknowledgment shall confer administrative finality for purposes of judicial review.
    (e) An individual shall not be required to state a reason for or
otherwise justify his or her inquiry.
    (f) Special note should be taken that certain agencies are
responsible for publishing notices of systems of records having
Government-wide application to other agencies, including the
Department. The agencies known to be publishing these general notices
and the types of records covered therein appear in Appendix C to this
part. These general notices do not identify the Privacy Officers in the
Department to whom inquiries should be presented or mailed. The
provisions of this section, and particularly paragraph (a) of this
section, should be followed in making inquiries with respect to such
records. Such records in the Department are subject to the provisions
of this part to the extent indicated in Appendix C to this part. The
exemptions, if any, determined by the agency publishing a general
notice shall be invoked and applied by the Department after
consultation, as necessary, with that other agency.