Form of notice
granting request for access. A request by the individual data subject
for access to his or her own records shall not be denied unless both a Privacy
Act exemption and a Freedom of Information Act exemption apply to the requested
records. A component shall make a determination within 30 days to grant or deny
a request for access in whole or in part. If the request is granted in whole, the
component shall so notify the requester in writing. The notice shall
describe the manner in which access to the record will be granted and
shall inform the requester of any fees to be charged in accordance with
Form of notice
denying request for access. A component denying a request for access
in whole or in part shall so notify the requester in writing. The notice, signed
by the responsible agency official, shall include:
The name and title or
position of the person responsible for the denial;
A brief statement of the
reason or reasons for the denial, including the Privacy Act and FOIA exemption or
exemptions which the component has relied upon in denying the request; and
A statement that the denial
may be appealed under §71.7(a), and a description of the requirements of that paragraph.
Record cannot be located.
If no records are found which are responsive to the request, the component shall so notify the requester
in writing. Such notification by the component shall inform the requester that, if the requester
considers this response to be a denial of their request, the requester has a right to appeal to the Solicitor
of Labor, within ninety days, as set forth in §71.7.
Medical records. When an
individual requests medical records concerning himself, which are not otherwise exempt from disclosure, the
disclosure officer shall, if deemed necessary because of possible harm to the individual, advise the individual
that the Department of Labor believes that the records should be provided to a physician designated
in writing by the individual. In addition, the Department shall request the individual to designate such a
physician. Upon receipt of the designation, the disclosure officer will permit the physician to review
the records or to receive copies of the records by mail, upon proper verification of identity.
[63 FR 56743, Oct. 22, 1998]