Goto Section: 0.555 | 0.557 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 0.556 Request to correct or amend records.
(a) An individual may request the amendment of information contained in
their record. Except as otherwise provided in this paragraph (a), the
request to amend should be submitted in writing to the system manager
responsible for the records. Requests to amend the official personnel
records of active FCC employees should be submitted to the Associate
Managing Director—Human Resources Management, at the address indicated
in § 0.401(a). Requests to amend official personnel records of former
FCC employees should be sent to the Assistant Director for Work Force
Information, Compliance and Investigations Group, Office of Personnel
Management, 1900 E Street, NW., Washington, D.C. 20415. Any request to
amend should contain as a minimum:
(1) The identity verification information required by § 0.554(b)(2) and
the information needed to locate the record as required by § 0.554(a).
(2) A brief description of the item or items of information to be
(3) The reason for the requested change.
(b) A written acknowledgement of the receipt of a request to amend a
record will be provided within 10 days (excluding Saturdays, Sundays,
and legal public holidays) to the individual requesting the amendment.
Such an acknowledgement may, if necessary, request any additional
information needed to make a determination. There will be no
acknowledgement if the request can be reviewed, processed, and the
individual notified of compliance or denial within the 10 day period.
(c) The responsible system manager, or in the case of official
personnel records of active FCC employees, the Associate Managing
Director—Personnel Management, shall (normally within 30 days) take one
of the following actions regarding a request to amend:
(1) If the system manager agrees that an amendment to the record is
warranted, the system manager shall:
(i) So advise the individual in writing;
(ii) Correct the record in compliance with the individual's request;
(iii) If an accounting of disclosures has been made, advise all
previous recipients of the fact that the record has been corrected and
of the substance of the correction.
(2) If the system manager, after an initial review, does not agree that
all or any portion of the record merits amendment, the system manager
(i) Notify the individual in writing of such refusal to amend and the
(ii) Advise the individual that further administrative review of the
initial decision by the full Commission may be sought pursuant to the
procedures set forth in § 0.557. (In cases where the request to amend
involves official personnel records, review is available exclusively
from the Assistant Director for Work Force Information, Compliance and
Investigations Group, Office of Personnel Management, Washington, DC
(iii) Inform the individual of the procedures for requesting Commission
review pursuant to § 0.557.
(d) In reviewing a record in response to a request to amend, the system
manager shall assess the accuracy, relevance, timeliness, or
completeness of the record in light of each data element placed into
controversy and the use of the record in making decisions that could
possibly affect the individual. Moreover, the system manager shall
ajudge the merits of any request to delete information based on whether
or not the information in controversy is both relevant and necessary to
accomplish a statutory purpose required of the Commission by law or
executive order of the President.
(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 45 FR 39850 , June 12, 1980;
49 FR 13369 , Apr. 4, 1984; 65 FR 58466 , Sept. 29, 2000; 85 FR 64405 ,
Oct. 13, 2020]
Goto Section: 0.555 | 0.557
Goto Year: 2020 |
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