Privacy Act Regulations

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 310

RIN 3064-AB80

Privacy Act Regulations

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FDIC's Privacy Act Regulations were reviewed in accordance

with the requirements of section 303 of the Riegle Community

Development and Regulatory Improvement Act of 1994 (RCDRIA) and the

FDIC's ongoing Regulatory Review Program. As a result of this review,

the FDIC is amending its Privacy Act Regulations in order to delete

outmoded terms and otherwise update and clarify the regulations. The

revisions are minor and technical in nature.

EFFECTIVE DATE: August 23, 1996.

FOR FURTHER INFORMATION CONTACT: Dianne M. Salva, Senior Attorney,

Office of the Executive Secretary, (202) 898-3819; Richard White,

Attorney, Office of the Executive Secretary, (202) 898-7247; Michelle

Borzillo, Counsel, Legal Division, (202) 898-7400, Karen L. Main,

Senior Attorney, Legal Division, (202) 898-8838, Federal Deposit

Insurance Corporation, 550 17th Street, NW., Washington, DC. 20429.

SUPPLEMENTARY INFORMATION:

I. Discussion

Part 310 of the FDIC's Rules and Regulations implements the Privacy

Act of 1974, 5 U.S.C. 552a. The Privacy Act is a records management

statute designed to balance the government's need to maintain

information about individuals with the rights of individuals to be

protected against unwarranted invasions of their privacy stemming from

federal agencies' collection, maintenance, use, and disclosure of

personal information about them.

Consistent with the Privacy Act, part 310 provides a means by which

individuals may obtain non-exempt FDIC records indexed under their

name. It also permits the amendment of inaccurate records and places

restrictions on the release of covered information within and outside

the FDIC.

The FDIC's Privacy Act Regulations were reviewed in accordance with

the requirements of section 303 of the RCDRIA and the FDIC's ongoing

Regulatory Review Program. As a result of this review, the FDIC is

amending Part 310 through this final rule in order to delete outmoded

terms and otherwise update and clarify the regulations.

The revisions are minor and technical in nature. More specifically,

the final rule would (1) clarify the regulatory statement of purpose

and scope; (2) replace references to the ``Civil Service Commission''

with ``United States Office of Personnel Management''; (3) replace

references to the ``Records Unit'' with ``FOIA/PA Unit''; (4) clarify

that access to, or amendment of, government-wide systems of records

shall be controlled by the regulations and notices prescribed by the

sponsoring government agency; (5) conform part 310 to a court ruling

permitting the use of an unsworn declaration under penalty of perjury

in lieu of a notarized certification to

[[Page 43419]]

establish identity,\1\ and further clarify that personal identity may

be established through documents typically used for identification

purposes; (6) conform part 310 to a court ruling providing that a

requester has a right to obtain non-exempt information pertaining to

him or herself even if such records are medically sensitive;\2\ (7)

clarify that the restrictions on disclosure do not apply to disclosures

to a consumer reporting agency in accordance with 31 U.S.C. 3711(f);

(8) move the text of Sec. 310.10(c) to Sec. 310.9(d) for purposes of

clarity and re-number the remaining paragraphs; and (9) waive the

imposition of fees when duplication costs are less than $10 (up from

$2).

---------------------------------------------------------------------------

\1\ Summers v. DOJ, 999 F. 2d 570 (D.C. Cir. 1993).

\2\ Benavides v. Bureau of Prisons, 995 F.2d 269 (D.C. Cir.

1993).

---------------------------------------------------------------------------

With regard to the minimum billing amount, section 552a(f) of the

Privacy Act requires agencies to promulgate rules establishing fees to

be charged to any individual for making copies of his or her records.

The change to part 310 regarding the minimum billing amount conforms

part 310 to the changes made to the minimum billing provision contained

in 12 CFR part 309. These changes were based on the calculation, made

by the FDIC Division of Finance, of the Corporation's costs to process

the receipt of a payment.

As a result of these amendments, the FDIC's Privacy Act Regulations

provide a more streamlined and efficient process under which

individuals may obtain information from the Corporation, thus meeting

the goals of section 303 of the RCDRIA.

II. Public Comment Waiver and Effective Date

The amendments remove obsolete terms, make technical corrections

and conform and clarify procedures for obtaining non-exempt records.

Public comment on these changes is unnecessary and contrary to the

public interest because the proposed changes reduce public burden, are

relatively minor, and the FDIC has no discretion with regard to their

substance. Thus, the Board has found that there exists good cause for

not following the provisions of 5 U.S.C. 553(b) relating to notice and

public participation in connection with the adoption of these

amendments. Alternatively, the Board finds that the provisions of 5

U.S.C. 553(b) relating to notice and public participation do not apply

in connection with the adoption of these amendments because part 310 is

a procedural rule.

The Board also finds that the 30-day delayed effective date

required under 5 U.S.C. 553(d), should be waived and that the

amendments should become effective upon publication. As noted above,

the amendments remove obsolete terms, make technical corrections and

conform and clarify procedures for obtaining non-exempt records. The

amendments reduce public burden, are relatively minor, and the FDIC has

no discretion with regard to their substance. The amendments are of

such a nature that the public does not need a delayed period of time in

which to conform or adjust to the amendments. Thus, the Board finds

that there exists good cause for not delaying the effective date of

these amendments. Consequently, the final rule will be effective upon

publication in the Federal Register.

Section 302 of the RCDRIA, 12 U.S.C. 4802(b), requires that all new

regulations and amendments to regulations prescribed by a Federal

banking agency which impose additional reporting, disclosure, or other

new requirements on insured depository institutions shall take effect

on the first day of a calendar quarter. This final rule does not impose

additional reporting, disclosure, or other new requirements on insured

depository institutions, however. Consequently, the Board has

determined that section 302 of the RCDRIA does not apply and that this

final rule should become effective upon publication.

III. Matters of Regulatory Procedure

Regulatory Flexibility Act

Because no general notice of proposed rulemaking was published

prior to this final rule, the requirements of Chapter 6 of Title 5 of

the United States Code for an initial and final regulatory flexibility

analysis do not apply, 5 U.S.C. 601(2).

Paperwork Reduction Act

No collections of information pursuant to section 3504(h) of the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.) are contained in this

notice. Consequently, no information has been submitted to the Office

of Management and Budget.

List of Subjects in 12 CFR Part 310

Banks, banking, Credit, Privacy.

For the reasons set forth above, 12 CFR part 310 is amended as set

forth below:

PART 310--PRIVACY ACT REGULATIONS

1. The authority citation for part 310 continues to read as

follows:

Authority: 5 U.S.C. 552a.

2. In Part 310 all references to ``Records Unit'' are revised to

read ``FOIA/PA Unit''.

3. Section 310.1 is revised to read as follows:

Sec. 310.1 Purpose and scope.

The purpose of this part is to establish regulations implementing

the Privacy Act of 1974, 5 U.S.C. 552a. These regulations delineate the

procedures that an individual must follow in exercising his or her

access or amendment rights under the Privacy Act to records maintained

by the Corporation in systems of records.

4. Section 310.3(a) is revised to read as follows:

Sec. 310.3 Procedures for requests pertaining to individual records in

a system of records.

(a) Any present or former employee of the Corporation seeking

access to, or amendment of, his/her official personnel records

maintained by the Corporation shall submit his/her request in such

manner as is prescribed by the United States Office of Personnel

Management in part 297 of its rules and regulations (5 CFR part 297).

For access to, or amendment of, other government-wide records systems

maintained by the Corporation, the procedures prescribed in the

respective Federal Register Privacy Act system notice shall be

followed.

* * * * *

Sec. 310.4 [Amended]

5. Section 310.4 is amended by revising paragraphs (b) and (c) to

read as follows:

* * * * *

(b) Individuals appearing in person at the Corporation seeking

access to or amendment of their records shall present two forms of

reasonable identification, such as employment identification cards,

driver's licenses, or other identification cards or documents typically

used for identification purposes.

(c) Except for records that must be publicly disclosed pursuant to

the Freedom of Information Act, 5 U.S.C. 552, where the Corporation

determines it to be necessary for the individual's protection, a

certification of a duly commissioned notary public, of any state or

territory, attesting to the requesting individual's identity, or an

unsworn declaration subscribed to as true under the penalty of perjury

under the laws of the United States of America, at the election of the

individual, may be required before a written request seeking access to

or amendment of a record will be honored.

[[Page 43420]]

The Corporation may also require that individuals provide minimal

identifying data such as full name, date and place of birth, or other

personal information necessary to ensure proper identity before

processing requests for records.

Sec. 310.6 [Amended]

6. Section 310.6 is amended by adding the phrase ``for release to

the patient'' at the end of the second sentence.

7. In Sec. 310.9, paragraph (d) is redesignated as paragraph (e)

and a new paragraph (d) is added to read as follows:

Sec. 310.9 Appeal of adverse initial agency determination on access or

amendment.

* * * * *

(d) Any statement of disagreement with the Corporation's refusal to

amend, filed with the Corporation by an individual pursuant to

Sec. 310.9(c), will be included in the disclosure of any records under

the authority of Sec. 310.10(b). The Corporation may in its discretion

also include a copy of a concise statement of its reasons for not

making the requested amendment.

* * * * *

8. Section 310.10 is amended by revising paragraphs (b)(6) and

(b)(10); adding a new paragraph (b)(12); removing paragraph (c);

redesignating paragraphs (d) and (e) as paragraphs (c) and (d),

respectively; amending newly designated paragraph (c) by removing

``paragraphs (b)(3) through (b)(11)'' and adding in its place

``paragraphs (b)(3) through (b)(12)''; and amending newly desinated

paragraph (d) by removing ``paragraph (d)(1)'' and adding in its place

``paragraph (c)(1)'' as follows:

Sec. 310.10 Disclosure of record to person other than the individual

to whom it pertains.

* * * * *

(b) * * *

(6) To the National Archives and Records Administration as a record

which has sufficient historical or other value to warrant its continued

preservation by the United States Government, or for evaluation by the

Archivist of the United States or his or her designee to determine

whether the record has such value;

* * * * *

(10) To the Comptroller General, or any of his or her authorized

representatives, in the course of the performance of the duties of the

General Accounting Office;

* * * * *

(12) To a consumer reporting agency in accordance with section

3711(f) of Title 31.

* * * * *

Sec. 310.11 [Amended]

9. Section 310.11(b) is amended by removing ``$2'' and adding in

its place ``$10''.

Sec. 310.13 [Amended]

10. Section 310.13 is amended by removing ``Sec. 310.10(d)(2)''

each place it appears and adding in its place ``Sec. 310.10(c)(2)''.

By order of the Board of Directors.

Dated at Washington, DC, this 13th day of August, 1996.

Federal Deposit Insurance Corporation.

Jerry L. Langley,

Executive Secretary.

[FR Doc. 96-21545 Filed 8-22-96; 8:45 am]

BILLING CODE 6714-01-P