[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1611.5]

[Page 256-257]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1611_PRIVACY ACT REGULATIONS--Table of Contents
 
Sec. 1611.5  Disclosure of requested information to individuals.

    (a) Upon receipt of request for notification as to whether the 
Commission maintains a record about an individual and/or request for 
access to such record:
    (1) The appropriate Commission official shall acknowledge such 
request in writing within 10 working days of receipt of the request. 
Wherever practicable, the acknowledgement should contain the 
notification and/or determination required in paragraph (a) (2) of this 
section.
    (2) The appropriate Commission official shall provide, within 30 
working days of receipt of the request, written notification to the 
requester as to the existence of the records and/or a determination as 
to whether or not access will be granted. In some cases, such as where 
records have to be recalled from the Federal Records Center, 
notification and/or a determination of access may be delayed. In the 
event of such a delay, the Commission official shall inform the 
requester of this fact, the reasons for the delay, and an estimate of 
the date on which notification and/or a determination will be 
forthcoming.
    (3) If access to a record is granted, the determination shall 
indicate when and where the record will be available for personal 
inspection. If a copy of the record has been requested, the Commission 
official shall mail that copy or retain it at the Commission to present 
to the individual, upon receipt of a check or money order in an amount 
computed pursuant to Sec. 1611.11.
    (4) When access to a record is to be granted, the appropriate 
Commission official will normally provide access within 30 working days 
of receipt of the request unless, for good cause shown, he or she is 
unable to do so, in which case the requester shall be informed

[[Page 257]]

within 30 working days of receipt of the request as to those reasons and 
when it is anticipated that access will be granted.
    (5) The Commission shall not deny any request under Sec. 1611.3 
concerning the existence of records about the requester in any system of 
records it maintains, or any request for access to such records, unless 
that system is exempted from the requirements of 5 U.S.C. 552a in Sec. 
1611.13.
    (6) If the Commission receives a request pursuant to Sec. 1611.3 
for access to records in a system of records it maintains which is so 
exempt, the appropriate Commission official shall deny the request.
    (b) Upon request, the appropriate Commission official shall make 
available an accounting of disclosures pursuant to 5 U.S.C. 552a(c)(3).
    (c) If a request for access to records is denied pursuant to 
paragraph (a) or (b) of this section, the determination shall specify 
the reasons for the denial and advise the individual how to appeal the 
denial. If the request pertains to a system of records for which the 
Commission has published a system notice, any appeal must be submitted 
in writing to the Legal Counsel, EEOC, 1801 L Street, NW., Washington, 
DC 20507. If the request pertains to a government-wide system of records 
any appeal should be in writing, identified as a Privacy Act appeal and 
submitted as follows:
    (1) For systems established by OPM and for which OPM has published a 
system notice, to the Assistant Director for Workforce Information, 
Personnel Systems and Oversight Group, OPM, 1900 E Street, NW., 
Washington, DC 20415. The OPM Privacy Act regulations, 5 CFR 297.207, 
shall govern such appeals.
    (2) For systems established by OGE and for which OGE has published a 
system notice, to the Privacy Act Officer, Office of Government Ethics, 
1201 New York Avenue, NW., Suite 500, Washington, DC 20005-3917. The OGE 
Privacy Act regulations, 5 CFR part 2606, shall govern such appeals.
    (3) For the system established by MSPB and for which MSPB has 
published a system notice, to the Deputy Executive Director for 
Management, U.S. Merit Systems Protection Board, 1120 Vermont Avenue, 
NW., Washington, DC 20419. The MSPB Privacy Act regulations, 5 CFR part 
1205, shall govern such appeals.
    (4) For systems established by GSA and for which GSA has published a 
system notice, to GSA Privacy Act Officer, General Services 
Administration (ATRAI), Washington, DC 20405. The GSA Privacy Act 
regulations, 41 CFR 105-64.301-5, shall govern such appeals.
    (5) For the system established by DOL and for which DOL has 
published a system notice, to the Solicitor of Labor, Department of 
Labor, 200 Constitution Avenue, NW., Washington, DC 20210. The DOL 
Privacy Act regulations, 29 CFR 70a.9, shall govern such appeals.
    (d) In the event that access to a record is denied on appeal by the 
Legal Counsel or the Legal Counsel's designee, the requestor shall be 
advised of his or her right to bring a civil action in Federal district 
court for review of the denial in accordance with 5 U.S.C. 552a(g).
    (e) Nothing in 5 U.S.C. 552a or this part allows an individual 
access to any information compiled in reasonable anticipation of a civil 
action or proceeding.

[42 FR 7949, Feb. 8, 1977, as amended at 56 FR 29581, June 28, 1991]