Rules Implementing the Privacy Act

ASSASSINATION RECORDS REVIEW BOARD

36 CFR Part 1415

Rules Implementing the Privacy Act

AGENCY: Assassination Records Review Board.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: Each Federal agency is required by the Privacy Act of 1974 to

promulgate rules that set forth procedures by which individuals can

examine and request correction of agency records containing personal

information. In this notice the Review Board proposes a rule to satisfy

that requirement.

DATES: To be considered, comments must be mailed, delivered in person

or faxed to the address listed below by 5 p.m. on September 5, 1995.

ADDRESSES: Comments on these proposed regulations should be mailed,

faxed, or delivered to T. Jeremy Gunn, Acting General Counsel,

Assassination Records Review Board, 600 E Street NW., 2nd Floor,

Washington, DC 20530, FAX (202) 724-0457 (Attention: Privacy Act NPRM).

All comments will be placed in the Board's public files and will be

available for inspection between 10 a.m. and 4:30 p.m., Mondays through

Fridays (except legal holidays), in the Board's Public Reading Room at

the same address.

FOR FURTHER INFORMATION CONTACT:

T. Jeremy Gunn, Acting General Counsel, Assassination Records Review

Board, 600 E Street NW., 2nd Floor, Washington, DC 20530.

SUPPLEMENTARY INFORMATION: Section(f) of the Privacy Act of 1974,

U.S.C. 552a(f), requires each Federal agency to promulgate rules that

set forth procedures by which individuals can examine and request

correction of agency records containing personal information. The

Review Board, established by the President John F. Kennedy

Assassination Records Collection Act of 1992, is therefore obligated to

publish such regulations.

Because Privacy Act regulations are intended for use by the general

public, the Review Board has tried to keep its proposed rule simple and

straightforward

15.10 Definitions.

1415.15 Systems of records notification.

1415.20 Requests by persons for access to their own records.

1415.25 Processing of requests.

1415.30 Appeals from access denials.

1415.35 Requests for correction of records.

1415.40 Appeals from correction denials.

1415.45 Disclosure of records to third parties.

1415.50 Fees.

1415.55 Exemptions.

Authority: 5 U.S.C. 552a; 44 U.S.C. 2107.

Sec. 1415.5 Scope.

This part contains the Review Board's regulations implementing the

Privacy Act of 1974, 5 U.S.C. 552a.

Sec. 1415.10 Definitions.

In addition to the definitions provided in the Privacy Act, the

following terms are defined as follows:

Assassination records for the purpose of this regulation means

records created by Government offices, entities, and individuals that

relate to the assassination of President John F. Kennedy as defined in

36 CFR part 1400 that may, from time to time, come into the temporary

custody of the Review Board but that are not the legal property of the

Review Board.

Executive Director means the principal staff official appointed by

the Review Board pursuant to 44 U.S.C. 2107.8(a).

General Counsel means the Review Board's principal legal officer,

or an attorney serving as Acting General Counsel.

JFK Act means the President John F. Kennedy Records Collection Act

of 1992.

Review Board means the Assassination Records Review Board created

pursuant to 44 U.S.C. 2107.7.

System of records means a group of records that is within the

possession and control of the Review Board and from which information

is retrieved by the name of the individual or by some identifying

number, symbol, or other identifying particular assigned to the

individual. The system of records does not include assassination

records as defined above.

Sec. 1415.15 Systems of records notification.

em of records means a group of records that is within the

possession and control of the Review Board and from which information

is retrieved by the name of the individual or by some identifying

number, symbol, or other identifying particular assigned to the

individual. The system of records does not include assassination

records as defined above.

Sec. 1415.15 Systems of records notification.

(a) Public notice. The Review Board will publish in the Federal

Register its system of records. The Office of the Federal Register

biannually compiles and publishes all systems of records maintained by

Federal agencies, including the Review Board.

(b) Requests regarding record systems. Any person who wishes to

know whether a system of records contains a record pertaining to him or

her may file a request in person or in writing. Written requests should

be directed to the General Counsel, Assassination Records Review Board,

600 E Street, NW., Washington, DC 20530. Telephone requests should be

made by calling the Review Board at (202) 724-0088, and asking to speak

to the General Counsel.

Sec. 1415.20 Requests by person for access to their own records.

(a) Requests in writing. A person may request access to his or her

own records in writing by addressing a letter to the General Counsel,

Assassination Records Review Board, 600 E Street, NW., 2nd Floor,

Washington, DC 20530. The request should contain the following

information:

(1) Full name, address, and telephone number of requester;

(2) Proof of identification, which should be a copy of one of the

following: Valid driver's license, valid passport, or other current

identification which contains both an address and picture of the

requester;

(3) The system of records in which the desired information is

contained; and

(4) At the requester's option, authorization for expenses (see

Sec. 1415.50 below).

number of requester;

(2) Proof of identification, which should be a copy of one of the

following: Valid driver's license, valid passport, or other current

identification which contains both an address and picture of the

requester;

(3) The system of records in which the desired information is

contained; and

(4) At the requester's option, authorization for expenses (see

Sec. 1415.50 below).

(b) Requests in person. Any person may examine his or her own

record on the Review Board's premises. To do so, the person should call

the Review Board's offices at (202) 724-0088 and ask to speak to the

General Counsel. This call should be made at least two weeks prior to

the time the requester would like to see the records. During this call,

the requester should be prepared to provide the same information as

that listed in paragraph (a) of this section except for proof of

identification.

Sec. 1415.25 Processing of requests.

(a) Requests in writing. The General Counsel will acknowledge

receipt of the request within five working days of its receipt in the

Review Board's offices. The acknowledgment will advise the requester if

any additional information is needed to process the request. Within

fifteen working days of receipt of the request, the General Counsel

will provide the requester an explanation as to why additional time, if

any, is needed for response.

(b) Requests in person. Following the initial call from the

requester, the General Counsel will determine: Whether the records

identified by the requester exist, and whether they are subject to any

exemption under Sec. 1415.55 below. If the records exist and are not

subject to exemption, the General Counsel will call the requester and

arrange an appointment at a mutually agreeable time when the records

can be examined. The requester may be accompanied by one person of his

or her own choosing, and should state during this call whether or not a

second individual will be present at the appointment

n under Sec. 1415.55 below. If the records exist and are not

subject to exemption, the General Counsel will call the requester and

arrange an appointment at a mutually agreeable time when the records

can be examined. The requester may be accompanied by one person of his

or her own choosing, and should state during this call whether or not a

second individual will be present at the appointment. At the

appointment, the requester will be asked to present identification as

stated in Sec. 1415.20(a)(2).

(c) Excluded information. If a request is received for information

compiled in reasonable anticipation of litigation, the General Counsel

will inform the requester that this information is not subject to

release under the Privacy Act (see 5 U.S.C. 552a(d)(5)).

Sec. 1415.30 Appeals from access denials.

When access to records has been denied by the General Counsel, the

requester may file an appeal in writing. This appeal should be directed

to the Executive Director, Assassination Records Review Board, 600 E

Street, NW., 2nd Floor, Washington, DC 20530. The appeal letter must:

Specify those denied records which are still sought, and state why the

denial by the General Counsel is erroneous. The Executive Director or

his representative will respond to such appeals within twenty business

days after the appeal letter is received in the Review Board's offices.

The appeal determination will explain the basis for continuing to deny

access to any requested records.

Sec. 1415.35 Requests for correction of records.

(a) Correction requests. Any person is entitled to request

correction of a record pertaining to him or her. This request must be

made in writing and should be addressed to the General Counsel,

Assassination Records Review Board, 600 E Street, NW., 2nd Floor,

Washington, DC 20530. The letter should clearly identify the

corrections desired. An edited copy will usually be acceptable for this

purpose.

rrection requests. Any person is entitled to request

correction of a record pertaining to him or her. This request must be

made in writing and should be addressed to the General Counsel,

Assassination Records Review Board, 600 E Street, NW., 2nd Floor,

Washington, DC 20530. The letter should clearly identify the

corrections desired. An edited copy will usually be acceptable for this

purpose.

(b) Initial response. Receipt of a correction request will be

acknowledged by the General Counsel in writing five working days of

receipt of the request. The General Counsel will endeavor to provide a

letter to the requester within thirty working days stating whether or

not the request for correction has been granted or denied. If the

General Counsel decides to deny any portion of

the correction request, the reasons for the denial will be provided to

the requester.

Sec. 1415.40 Appeals from correction denials.

(a) When amendment of records has been denied by the General

Counsel, the requester may file an appeal in writing. This appeal

should be directed to the Executive Director, Assassination Records

Review Board, 600 E Street, NW., 2nd Floor, Washington, DC 20530. The

appeal letter must specify the record subject to the appeal, and state

why the denial of amendment by the General Counsel is erroneous. The

Executive Director or his representative will respond to such appeals

within thirty working days (subject to extension by the Executive

Director for good cause) after the appeal letter has been received in

the Review Board's offices.

ngton, DC 20530. The

appeal letter must specify the record subject to the appeal, and state

why the denial of amendment by the General Counsel is erroneous. The

Executive Director or his representative will respond to such appeals

within thirty working days (subject to extension by the Executive

Director for good cause) after the appeal letter has been received in

the Review Board's offices.

(b) The appeal determination, if adverse to the requester in any

respect, will:

(1) Explain the basis for denying amendment of the specified

records;

(2) Inform the requester that he or she may file a concise

statement setting forth reasons for disagreeing with the Executive

Director's determination; and

(3) Inform the requester of his or her right to pursue a judicial

remedy under 5 U.S.C. 552a(g)(1)(A).

Sec. 1415.45 Disclosure of records to third parties.

Records subject to the Privacy Act that are requested by a person

other than the individual to whom they pertain will not be made

available except in the following circumstances:

(a) Release is required under the Freedom of Information Act in

accordance with the Review Board's FOLA regulations, 36 CFR part 1410;

(b) Prior consent for disclosure is obtained in writing from the

individual to whom the records pertain; or

(c) Release is authorized by 5 U.S.C. 552a(b) (1) or (3) through

(11).

Sec. 1415.50 Fees.

A fee will not be charged for search or review of requested

records, or for correction of records. When a request is made for

copies of records, a copying fee will be charged at the same rate

established for FOLA requests. See 36 CFR 1410.35 However, the first

100 pages will be free of charge.

Sec. 1415.55 Exemptions.

The following records are exempt from disclosure under this

regulation:

A fee will not be charged for search or review of requested

records, or for correction of records. When a request is made for

copies of records, a copying fee will be charged at the same rate

established for FOLA requests. See 36 CFR 1410.35 However, the first

100 pages will be free of charge.

Sec. 1415.55 Exemptions.

The following records are exempt from disclosure under this

regulation:

(a) Review Board records specifically authorized under criteria

established by an Executive Order to be kept secret in the interest of

national defense or foreign policy, and that are in fact properly

classified pursuant to such Executive Order;

(b) Review Board records related solely to the internal personnel

rules and practices of the Review Board;

(c) Review Board records specifically exempted from disclosure by

statute (other than 5 U.S.C. 552), provided that such statute:

(1) Requires that the matters be withheld from the public in such a

manner as to leave no discretion on the issue, or

(2) Establishes particular criteria for withholding or refers to

particular types of matters to be withheld;

(d) Inter-agency or intra-agency memoranda or letters which would

not be available by law to a party other than an agency in litigation

with the Review Board

Dated: July 31, 1995.

David G. Marwell,

Executive Director, Assassination Records Review Board.

[FR Doc. 95-19173 Filed 8-3-95; 8:45 am]

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