Purpose and scope.
This part contains the regulations of the
U.S. Department of Labor implementing the Privacy Act of 1974, 5 U.S.C.
552a. The regulations apply to all records which are contained in
systems of records maintained by, or under the control of, the
Department of Labor and which are retrieved by an individual's name or
personal identifier. These regulations set forth the procedures by
which an individual may seek access under the Privacy Act to records
pertaining to him, may request correction or amendment of such records,
or may seek an accounting of disclosures of such records by the
Department. These regulations are applicable to each component of the
systems of records.
DOL/GOVT-1 (Office of Workers'
Compensation Programs, Federal Employees' Compensation Act File):
including claim forms, medical, investigative and other reports, statements
of witnesses, and other papers relating to claims for compensation filed
under the Federal Employees' Compensation Act (as amended and extended), are
covered by the government-wide system of records entitled DOL/GOVT-1. This
system is maintained by and under the control of the Employment Standards
Administration's Office of Workers' Compensation Programs (OWCP), and, as
such, all records contained in the OWCP claims file, as well as all copies
of such documents retained and/or maintained by the injured worker's
employing agency, are official records of the OWCP.
release, inspection and copying of records covered by DOL/GOVT-1 shall be
accomplished in accordance with the rules, guidelines and provisions of this
part, as well as with part 70 of this subtitle, and with the notice of the
systems of records and routine uses published in the Federal Register.
All questions relating to access/disclosure, and/or the amendment of FECA
records maintained by the OWCP or an employing agency, are to be resolved in
accordance with this part.
employing agency may establish procedures that an injured employee or
beneficiary should follow in requesting access to documents it maintains, any
decision issued in response to such a request must comply with the rules and
regulations of the Department of Labor.
administrative appeal taken from a denial issued by the
employing agency shall be filed with the Solicitor of Labor in
accordance with §§ 71.7 and 71.9 of this part.
other than the OWCP has authority to issue
determinations in response to requests for the correction or amendment
of records contained in or covered by DOL/GOVT-1. Any request for
correction or amendment received by an employing agency must be
referred to the OWCP for review and decision.
government-wide system of records entitled DOL/GOVT-2
(Job Corps Student Records), a system maintained by and under the
control of the Employment and Training Administration, the regulations
of this Department shall govern, including the procedure for requesting
access to, or amendment of the records, as well as appeals therefrom,
As used in this subpart, the following terms shall have the following
has the meaning set forth in 5 U.S.C. 552(f).
means each separate agency, bureau, office, board,
division, commission, service, or administration of the Department of
Labor, as well as each agency which possesses records covered by a DOL
government-wide system of records.
Individual Data Subject
means the individual by whose name or identifier the subject record is retrieved.
means any item, collection, or grouping of information
about an individual which is maintained by any component within a
system of records and which contains the individual's name, identifying
number, symbol, or other identifying particular assigned to the
individual, such as a fingerprint, voiceprint, or photograph.
means an individual who makes either a request for access, a request for
correction or amendment, or a request for an accounting.
has the meaning set forth in 5 U.S.C. 552a(7).
has the meaning set forth in 5 U.S.C. 552a(6).
System of records
means a group of any records under the control of the Department or any
component from which information is retrieved by the name of an individual
or by some identifying number, symbol, or other identifying particular
assigned to that individual.
Under the control of
means those official records for which the agency is officially responsible
and either has in its possession or exercises dominion over. This excludes
those records which, although in the physical possession of agency employees
and used by them in performing official functions, are not, in fact, agency
records. Uncirculated personal notes, papers and records which are retained
or discarded at the author's discretion and over which the agency
exercises no dominion or control (e.g., personal telephone list) are
not agency records for purposes of this part.
He, his, and him
include "she", "hers" and "her".
[63 FR 56741, Oct. 22, 1998]