Title 28
SECTION 802.19
802.19 Appeal of denial to correct or amend.
§ 802.19 Appeal of denial to correct or amend.(a) The system manager may grant or deny requests for correction of agency records. One basis for denial may be that the records are contained in an agency system of records that has been published in the Federal Register and exempted from the Privacy Act provisions allowing amendment and correction.
(1) Any denial of a request for correction should contain a statement of the reason for denial and notice to the requester that the denial may be appealed to the General Counsel by filing a written appeal.
(2) The appeal should be marked on the face of the letter and the envelope, “PRIVACY APPEAL - DENIAL OF CORRECTION,” and be addressed to the Office of the General Counsel, address cited at § 802.14(a)(1).
(3) The General Counsel will review your request within 30 days from the date of receipt. However, for a good reason, this time limit may be extended. If, after review, the General Counsel determines that the record should be corrected, the record will be corrected. If, after review, the General Counsel refuses to amend the record exactly as you requested, we will inform you:
(i) That your request has been refused and the reason;
(ii) That this refusal is the Agency's final decision;
(iii) That you have a right to seek court review of this request to amend the record; and
(iv) That you have a right to file a statement of disagreement with the decision. Your statement should include the reason you disagree. We will make your statement available to anyone to whom the record is subsequently disclosed, together with a statement of our reasons for refusing to amend the record.
(b) Requests for correction of records prepared by other federal agencies shall be forwarded to that agency for appropriate action and the requester will be immediately notified of the referral in writing.
(c) When the request is for correction of non-Federal records, the requester will be advised to write to that non-Federal entity.