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71.2(a) Procedure for
making requests for access to records. An individual, or legal representative
acting on his behalf, may request access to a record about himself by appearing
in person or by writing to the component that maintains the record. (See appendix A to this
part which lists the components of the Department of Labor and their
addresses.) A requester in need of guidance in defining his request may
write to the Assistant Secretary for Administration and Management,
U.S. Department of Labor, 200 Constitution Avenue, NW, Washington, DC
20210-0002. A request should be addressed to the component that
maintains the requested record. Both the envelope and the request
itself should be marked: "Privacy Act Request."
71.2(b)Description of
records sought. A request for access to records must describe the records
sought in sufficient detail to enable Department personnel to locate the system
of records containing the record with a reasonable amount of effort. Whenever
possible, a request for access should describe the nature of the record sought,
the date of the record or the period in which the record was compiled, and the
name or identifying number of the system of records in which the requester
believes the record is kept.
71.2(c)Agreement to
pay fees. The filing of a request for access to a record under this subpart shall
be deemed to constitute an agreement to pay all applicable fees charged under § 71.6 up
to $25.00. The component responsible for responding to the request shall confirm this
agreement in its letter of acknowledgment to the requester. When filing a request, a
requester may specify a willingness to pay a greater amount, if applicable.
71.2(d)Verification of
identity. Any individual who submits a request for access to records must verify his
identity in one of the following ways:
71.2(d)(1)Any requester making a request in
writing must state in his request his full name, and current address. In addition, a requester
must provide with his request an example of his signature, which shall
be notarized, or signed as an unsworn declaration under penalty of
perjury, pursuant to 28 U.S.C. 1746. In order to facilitate the
identification of the requested records, a requester may also include
in his request his Social Security number.
..71.2(d)(2)
71.2(d)(2)Any requester
submitting a request in person may provide to the component a form of
official photographic identification, such as a passport, an identification
badge or a driver's license which contains the photograph of the requester.
If a requester is unable to produce a form of photographic identification,
he may provide to the component two or more acceptable forms of identification
bearing his name and address. In all cases, sufficient identification must be presented to
confirm that the requester is the individual data subject.
71.2(e)Verification
of guardianship. The parent, guardian, or representative of a minor or the guardian
or representative of a person judicially determined to beincompetent who submits a
request for access to the records of the minor or incompetent must establish:
71.2(e)(1)His identity, as required in
paragraph (d) of this section,
71.2(e)(2)That the requester
is the parent, guardian, or representative of the subject of the record, which may
be proved by providing a copy of the subject's birth certificate showing parentage
or by providing a court order establishing the guardianship, and
71.2(e)(3)That he seeks to act on behalf
of the subject of the record.
71.2(f)The disclosure officer may waive
the requirements set forth in paragraphs (d) and (e) of this section when he deems such
action to be appropriate, and may substitute in lieu thereof, other reasonable means
of identification.
[63 FR 56742, Oct. 22, 1998]
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Regulations (Standards - 29 CFR) - Table of Contents