PART 4--DISCLOSURE OF GOVERNMENT INFORMATION
Subpart B--Privacy Act
Sec. 4.30 Disclosure of
record to person other than the individual to
whom it pertains.
(a) The Department may disclose a record
pertaining to an
individual to a person other than the individual to whom
it pertains
only in the following instances:
(1) Upon written request by the individual,
including authorization
under Sec. 4.25(f);
(2) With the prior written consent
of the individual;
(3) To a parent or legal guardian
under 5 U.S.C. 552a(h);
(4) When required by the Act and not
covered explicitly by the
provisions of 5 U.S.C. 552a(b); and
(5) When permitted under 5 U.S.C.
552a(b)(1) through (12);
(i) To those officers and employees
of the agency that maintains
the record who have a need for the record in the performance
of their
duties;
(ii) Required under 5 U.S.C. 552;
(iii) For a routine use as defined
in 5 U.S.C. 552a(a)(7);
(iv) To the Bureau of the Census for
purposes of planning or
carrying out a census or survey or related activity pursuant
to the
provisions of Title 13 of the U.S. Code;
(v) To a requester who has provided
the agency with advance
adequate written assurance that the record will be used
solely as a
statistical research or reporting record, and the record
is to be
transferred in a form that is not individually identifiable;
(vi) To the National Archives and
Records Administration as a
record that has sufficient historical or other value
to warrant its
continued preservation by the United States Government,
or for
evaluation by the Archivist of the United States, or
the designee of
the Archivist, to determine whether the record has such
value;
(vii) To another agency or to an instrumentality
of any
governmental jurisdiction within or under the control
of the United
States for a civil or criminal law enforcement activity
if the activity
is authorized by law, and if the head of the agency or
instrumentality
has made a written request to the agency which maintains
the record,
specifying the particular portion desired and the law
enforcement
activity for which the record is sought;
(viii) To a person pursuant to a showing
of compelling
circumstances affecting the health or safety of an individual
if upon
such disclosure notification is transmitted to the last
known address
of such individual;
(ix) To either House of Congress,
or, to the extent of matter
within its jurisdiction, any committee or subcommittee
thereof, any
joint committee of Congress or subcommittee of any such
joint
committee;
(x) To the Comptroller General, or
any of his or her authorized
representatives, in the course of the performance of
the duties of the
General Accounting Office;
(xi) Pursuant to the order of a court
of competent jurisdiction; or
(xii) To a consumer reporting agency
in accordance with 31 U.S.C.
3711(e).
(b) The situations referred to in
paragraph (a)(4) of this section
include the following:
(1) 5 U.S.C. 552a(c)(4) requires dissemination
of a corrected or
amended record or notation of a disagreement statement
by the
Department in certain circumstances;
(2) 5 U.S.C. 552a(d) requires disclosure
of records to the
individual to whom they pertain, upon request; and
(3) 5 U.S.C. 552a(g) authorizes civil
action by an individual and
requires disclosure by the Department to the court.
(c) The Privacy Officer shall make
an accounting of each disclosure
by him of any record contained in a system of records
in accordance
with 5 U.S.C. 552a(c)(1) and (2). Except for a disclosure
made under 5
U.S.C. 552a(b)(7), the Privacy Officer shall make such
accounting
available to any individual, insofar as it pertains to
that individual,
upon any request submitted in accordance with Sec. 4.24.
The Privacy
Officer shall make reasonable efforts to notify any individual
when any
record in a system of records is disclosed to any person
under
compulsory legal process, promptly upon being informed
that such
process has become a matter of public record.