2000 - Rules and Regulations
PART 310PRIVACY ACT REGULATIONS
Purpose and scope.
AUTHORITY: 5 U.S.C. 552a.
Source: The provisions of this Part 310 appear at 40 Fed. Reg. 39079, August 27, 1975, and at 40 Fed. Reg. 46288, 46274, October 6, 1975, effective September 27, 1975, except as otherwise noted.
§ 310.1 Purpose and scope.
The purpose of this part is to establish regulations implementing the Privacy Act of 1974, 5 U.S.C. 552a. These regulations delineate the procedures that an individual must follow in exercising his or her access or amendment rights under the Privacy Act to records maintained by the Corporation in systems of records, including information transferred to Federal Deposit Insurance Corporation from the Office of Thrift Supervision pursuant to sections 312 and 323 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111--203.
[Codified to 12 C.F.R. § 310.1]
§ 310.2 Definitions.
For purposes of this part:
(a) The term "Corporation" means the Federal Deposit Insurance Corporation;
(b) The term "individual" means a natural person who is either a citizen of the United States or an alien lawfully admitted for permanent residence;
(c) The term "maintain" includes maintain, collect, use, disseminate, or control;
(d) The term "record" means any item, collection or grouping of information about an individual that contains his/her name, or the identifying number, symbol, or other identifying particular assigned to the individual;
(e) The term "system of records" means a group of any records under the control of the Corporation from which information is retrieved by the name of the individual or some identifying number, symbol or other identifying particular assigned to the individual;
(f) The term "designated system of records" means a system of records which has been listed and summarized in the Federal Register pursuant to the requirements of 5 U.S.C. 552a(e);
(g) The term "routine use" means, with respect to disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was created; and
(h) The terms "amend" or "amendment" mean any correction, addition to or deletion from a record.
(i) The term "system manager" means the agency official responsible for a designated system of records, as denominated in the Federal Register publication of "Systems of Records Maintained by the Federal Deposit Insurance Corporation."
[Codified to 12 C.F.R. § 310.2]
[Section 310.2 amended at 42 Fed. Reg. 6796, February 4, 1977, effective March 1, 1977]
§ 310.3 Procedures for requests pertaining to individual records in a system of records.
(a) Any present or former employee of the Corporation seeking access to, or amendment of, his/her official personnel records maintained by the Corporation shall submit his/her request in such manner as is prescribed by the United States Office of Personnel Management in part 297 of its rules and regulations (5 CFR 297). For access to, or amendment of, other government-wide records systems maintained by the Corporation, the procedures prescribed in the respective Federal Register Privacy Act system notice shall be followed.
(b) Requests by individuals for access to records pertaining to them and maintained within one of the Corporation's designated systems of records should be submitted in writing to the Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, NW., Washington, DC 20429. Each such request should contain a reasonable description of the records sought, the system or systems in which such record may be contained, and any additional identifying information, as specified in the Corporation's Federal Register "Notice of Systems of Records'' for that particular system, copies of which are available upon request from the FOIA/PA Group.
[Codified to 12 C.F.R. § 310.3]
[Section 310.3 amended at 42 Fed. Reg. 6796, February 4, 1977, effective March 1, 1977; 61 Fed. Reg. 43419, August 23, 1996; 67 Fed. Reg. 71071, November 29, 2002; 76 Fed. Reg. 35965, June 21, 2011, effective July 21, 2011]
§ 310.4 Times, places, and requirements for identification of individuals making requests.
(a) Individuals may request access to records pertaining to themselves by submitting a written request as provided in § 310.3 of these regulations, or by appearing in person on weekdays, other than official holidays, at the Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, N.W., Washington, D.C. 20429, between the hours of 8:30 a.m. and 5 p.m.
(b) Individuals appearing in person at the Corporation seeking access to or amendment of their records shall present two forms of reasonable identification, such as employment identification cards, driver's licenses, or other identification cards or documents typically used for identification purposes.
(c) Except for records that must be publicly disclosed pursuant to the Freedom of Information Act, 5 U.S.C. 552, where the Corporation determines it to be necessary for the individual's protection, a certification of a duly commissioned notary public, of any state or territory, attesting to the requesting individual's identity, or an unsworn declaration subscribed to as true under the penalty of perjury under the laws of the United States of America, at the election of the individual, may be required before a written request seeking access to or amendment of a record will be honored. The Corporation may also require that individuals provide minimal identifying data such as full name, date and place of birth, or other personal information necessary to ensure proper identity before processing requests for records.
[Codified to 12 C.F.R. § 310.4]
[Section 310.4 amended at 42 Fed. Reg. 6796, February 4, 1977, effective March 1, 1977; 61 Fed. Reg. 43419, August 23, 1996; 67 Fed. Reg. 71071, November 29, 2002; 76 Fed. Reg. 35966, June 21, 2011, effective July 21, 2011]
§ 310.5 Disclosure of requested information to individuals.
(a) Except to the extent that Corporation records pertaining to an individual
(1) are exempt from disclosure under §§ 310.6 and 310.13 of this Part, or
(2) were compiled in reasonable anticipation of a civil action or proceeding, the Corporation will make such records available upon request for purposes of inspection and copying by the individual (after proper identity verification as provided in § 310.4) and, upon the individual's request and written authorization, by another person of the individual's own choosing.
(b) The FOIA/PA Group will notify, in writing, the individual making a request, whenever practicable within ten business days following receipt of the request, whether any specified designated system of records maintained by the Corporation contains a record pertaining to the individual. Where such a record does exist, the FOIA/PA Group also will inform the individual of the system manager's decision whether to grant or deny the request for access. In the event existing records are determined not to be disclosable, the notification will inform the individual of the reasons for which disclosure will not be made and will provide a description of the individual's right to appeal the denial, as more fully set forth in § 310.9. Where access is to be granted, the notification will specify the procedures for verifying the individual's identity, as set forth in § 310.4.
(c) Individuals will be granted access to records disclosable under this Part 310 as soon as is practicable. FOIA/PA Group will give written notification of a reasonable period within which individuals may inspect disclosable records pertaining to themselves at the offices of the FOIA/PA Group during normal business hours. Alternatively, individuals granted access to records under this Part may request that copies of such records be forwarded to them. Fees for copying such records will be assessed as provided in § 310.11.
[Codified to 12 C.F.R. § 310.5]
§ 310.6 Special procedures: medical records.
Medical records shall be disclosed on request to the individuals to whom they pertain, except, if in the judgment of the Corporation, the transmission of the medical information directly to the requesting individual could have an adverse effect upon such individual. In the event medical information is withheld from a requesting individual due to any possible adverse effect such information may have upon the individual, the Corporation shall transmit such information to a medical doctor named by the requesting individual for release to the patient.
[Codified to 12 C.F.R. § 310.6]
§ 310.7 Request for amendment of record.
The Corporation will maintain all records it uses in making any determination about any individual with such accuracy, relevance, timeliness and completeness as is reasonably necessary to assure fairness to the individual in the determination. An individual may request that the Corporation amend any portion of a record pertaining to that individual which the Corporation maintains in a designated system of records. Such a request should be submitted in writing to the Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, N.W., Washington, D.C. 20429 and should contain the individual's reason for requesting the amendment and a description of the record (including the name of the appropriate designated system and category thereof) sufficient to enable the Corporation to identify the particular record or portion thereof with respect to which amendment is sought.
[Codified to 12 C.F.R. § 310.7]
§ 310.8 Agency review of request for amendment of record.
(a) Requests by individuals for the amendment of records will be acknowledged by the FOIA/PA Group, and referred to the system manager of the system of records in which the record is contained for determination, within ten business days following receipt of such requests. Promptly thereafter, the FOIA/PA Group will notify the individual of the system manager's decision to grant or deny the request to amend.
(b) If the system manager denies a request to amend a record, the notification of such denial shall contain the reason for the denial and a description of the individual's right to appeal the denial as more fully set forth in § 310.9
[Codified to 12 C.F.R. § 310.8]
[Section 310.8 amended at 42 Fed. Reg. 6796, February 4, 1977, effective March 1, 1977; 67 Fed. Reg. 71071, November 29, 2002]
§ 310.9 Appeal of adverse initial agency determination on access or amendment.
(a) A system manager's denial of an individual's request for access to or amendment of a record pertaining to him/her may be appealed in writing to the Corporation's General Counsel (or designee) within 30 business days following receipt of notification of the denial. Such an appeal should be addressed to the Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street NW., Washington, D.C. 20429, and contain all the information specified for requests for access in § 310.3 or for initial requests to amend in § 310.7, as well as any other additional information the individual deems relevant for the consideration by the General Counsel (or designee) of the appeal.
(b) The General Counsel (or designee) will normally make a final determination with respect to an appeal made under this part within 30 business days following receipt by the Office of the Executive Secretary of the appeal. The General Counsel (or designee) may, however, extend this 30-day time period for good cause. Where such an extension is required, the individual making the appeal will be notified of the reason for the extension and the expected date upon which a final decision will be given.
(c) If the General Counsel (or designee) affirms the initial denial of a request for access or to amend, he or she will inform the individual affected of the decision, the reason therefor, and the right of judicial review of the decision. In addition, as pertains to a request for amendment, the individual may at that point submit to the Corporation a concise statement setting forth his or her reasons for disagreeing with the Corporation's refusal to amend.
(d) Any statement of disagreement with the Corporation's refusal to amend, filed with the Corporation by an individual pursuant to § 310.9(c), will be included in the disclosure of any records under the authority of § 310.10(b). The Corporation may in its discretion also include a copy of a concise statement of its reasons for not making the requested amendment.
(e) The General Counsel (or designee) may on his or her own motion refer an appeal to the Board of Directors for a determination, and the Board of Directors on its own motion may consider an appeal.
[Codified to 12 C.F.R. § 310.9]
[Section 310.9 amended at 42 Fed. Reg. 6796, February 4, 1977, effective March 1, 1977; 52 Fed. Reg. 34209, September 10, 1987; 61 Fed. Reg. 43420, August 23, 1996; 67 Fed. Reg. 71071, November 29, 2002; 76 Fed. Reg. 35966, June 21, 2011, effective July 21, 2011]
§ 310.10 Disclosure of record to person other than the individual to whom it pertains.
(a) Except as provided in paragraph (b) of this section, the Corporation will not disclose any record contained in a designated system of records to any person or agency except with the prior written consent of the individual to whom the record pertains.
(b) The restrictions on disclosure in paragraph (a) of this section do not apply to any of the following disclosures:
(1) To those officers and employees of the Corporation who have a need for the record in the performance of their duties;
(2) Which is required under the Freedom of Information Act (5 U.S.C. 552);
(3) For a routine use listed with respect to a designated system of records;
(4) 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 United States Code;
(5) To a recipient who has provided the Corporation 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;
(6) To the National Archives and Records Administration as a record which 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 his or her designee to determine whether the record has such value;
(7) 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 Corporation specifying the particular portion desired and the law enforcement activity for which the record is sought;
(8) 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;
(9) 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;
(10) 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;
(11) Pursuant to the order of a court of competent jurisdiction.
(12) To a consumer reporting agency in accordance with section 3711(f) of Title 31.
(c) The Corporation will adhere to the following procedures in the case of disclosure of any record pursuant to the authority of paragraphs (b)(3) through (b)(12) of this section.
(1) The Corporation will keep a record of the date, nature and purpose of each such disclosure, as well as the name and address of the person or agency to whom such disclosure is made; and
(2) The Corporation will retain and, with the exception of disclosures made pursuant to paragraph (b)(7) of this section, make available to the individual named in the record for the greater of five years or the life of the record all material compiled under paragraph (d)(1) of this section with respect to disclosure of such record.
(d) Whenever a record which has been disclosed by the Corporation under authority of paragraph (b) of this section is, within a reasonable amount of time after such disclosure, either amended by the Corporation or the subject of a statement of disagreement, the Corporation will transmit such additional information to any person or agency to whom the record was disclosed, if such disclosure was subject to the accounting requirements of paragraph (c)(1) of this section.
[Codified to 12 C.F.R. § 310.10]
§ 310.11 Fees.
The Corporation, upon a request for records disclosable pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), shall charge a fee of $0.10 per page for duplicating, except as follows:
(a) If the Corporation determines that it can grant access to a record only by providing a copy of the record, no fee will be charged for providing the first copy of the record or any portion thereof;
(b) Whenever the aggregate fees computed under this section do not exceed $10.00 for any one request, the fee will be deemed waived by the Corporation; or,
(c) Whenever the Corporation determines that a reduction or waiver is warranted, it may reduce or waive any fees imposed for furnishing requested information pursuant to this section.
[Codified to 12 C.F.R. § 310.11]
§ 310.12 Penalties.
Subsection (i)(3) of the Privacy Act of 1974 (5 U.S.C. 552a(i)(3)) imposes criminal penalties for obtaining Corporation records on individuals under false pretenses. The subsection provides as follows: "Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000."
§ 310.13 Exemptions.
(a) Investigatory material compiled for law enforcement purposes in the following systems of records is exempt from §§ 310.3 through 310.9 and § 310.10(c)(2) of these rules; Provided, however, That if any individual is denied any right, privilege, or benefit to which he/she would otherwise be entitled under Federal law, or for which he/she would otherwise be eligible, as a result of the maintenance of such material, such material shall be disclosed to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence:
"30--64--0002"--Financial institutions investigative and enforcement records system.
"30--64--0010"--Investigative files and records.
(b) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Corporation employment to the extent that disclosure of such material would reveal the identity of a source who furnished information to the Corporation under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence, in the following systems of records, is exempt from §§ 310.3 through 310.9 and § 310.10(c)(2) of these rules:
"30--64--0001"--Attorney-legal intern applicant system.
"30--64--0010"--Investigative files and records.
(c) Testing or examination material used solely to determine or assess individual qualifications for appointment or promotion in the Corporation's service, the disclosure of which would compromise the objectivity or fairness of the testing, evaluation, or examination process, in the following system of records, is exempt from §§ 310.3-310.9 and § 310.10(c)(2) of these rules:
30--64--0009--Examiner training and education records.
[Codified to 12 C.F.R. § 310.13]
[Section 310.13 amended at 42 Fed. Reg. 6797, February 4, 1977, effective March 1, 1977; 42 Fed. Reg. 33720, July 1, 1977; 52 Fed. Reg. 34209, September 10, 1987; 53 Fed. Reg. 7340, March 8, 1988, effective May 23, 1988; 54 Fed. Reg. 38507, September 19, 1989, effective October 19, 1989; 61 Fed. Reg. 43420, August 23, 1996]