Goto Section: 0.554 | 0.556 | Table of Contents
Revised as of October 1, 2014
Goto Year:2013 |
§ 0.555 Disclosure of record information to individuals.
(a) Individuals having been notified that the Commission maintains a
record pertaining to them in a system of records may request access to
such record in one of three ways: by in person inspection at the system
location; by transfer of the record to a nearer location; or by mail.
(1) Individuals who wish to review their records at the system location
must do so during regular Commission business hours (8:00 a.m.-4:30
p.m., Monday through Friday). For personal and administrative
convenience, individuals are urged to arrange to review a record by
appointment. Preferences as to specific dates and times can be made by
writing or calling the system manager responsible for the system of
records in question at least two days in advance of the desired
appointment date, and by providing a telephone number where the
individual can be reached during the day in case the appointment must
be changed. Verification of identity is required as in § 0.554(b)(1)
before access will be granted an individual appearing in person.
Individuals may be accompanied by a person of his or her own choosing
when reviewing a record. However, in such cases, a written statement
authorizing discussion of their record in the presence of a Commission
representative having physical custody of the records.
(2) Individuals may request that a record be transferred to a
Commission field office or installation in the vicinity of his or her
home and that access be granted at that location. The addresses of
Commission field offices are listed in § 0.121. A request to transfer
records must specify the exact location where the records should be
sent and a telephone number to call when the information is available
for review at the field location. Paragraph (a)(1) of this section
regarding personal appointments, verification of identity accompanying
persons, and disclosure of original records applies equally to this
(3) Individuals may request that copies of records be sent directly to
them. In such cases, individuals must verify their identity as
§ 0.554(b)(2) and provide an accurate return address. Records shall be
sent only to that address.
(b) The disclosure of record information under this section is subject
to the following limitations:
(1) Records containing medical information pertaining to an individual
are subject to individual access under this section unless, in the
judgment of the system manager having custody of the records after
consultation with a medical doctor, access to such record information
could have an adverse impact on the individual. In such cases, a copy
of the record will be delivered to a medical doctor named by the
(2) Classified material, investigative material compiled for law
enforcement purposes, investigatory material compiled solely for
determining suitability for Federal employment or access to classified
information, and certain testing or examination material shall be
removed from the records to the extent permitted in the Privacy Act of
1974, 5 U.S.C. 552(a). Section 0.561 of this subpart sets forth the
systems of records maintained by the Commission which are either
totally or partially exempt from disclosure under this subparagraph.
(c) No fee will be imposed if the number of pages of records requested
is 25 or less. Requests involving more than 25 pages shall be submitted
to the duplicating contractor (see § 0.456(a)).
(d) The provisions of this section in no way give an individual the
right to access any information compiled in reasonable anticipation of
a civil action or proceeding.
(e) In the event that a determination is made denying an individual
access to records pertaining to that individual for any reason, such
individual may either:
(1) Seek administrative review of the adverse determination. Such a
request shall be in writing and should be addressed to the system
manager who made the initial decision. In addition, the request for
review shall state specifically why the initial decision should be
(2) Seek judicial relief in the district courts of the United States
pursuant to paragraph (g)(1)(B) of the Act.
(Secs. 4(i) and 303(n), Communications Act of 1934, as amended, 47
U.S.C. 154(i) and 303(n); 47 CFR 0.231(d))
[ 40 FR 44512 , Sept. 26, 1975, as amended at 40 FR 58858 , Dec. 19, 1975;
49 FR 13369 , Apr. 4, 1984]
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Goto Section: 0.554 | 0.556
Goto Year: 2013 |
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