# 45 CFR § 5b.4: Maintenance of records

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.4

## Section

- **Citation:** 45 CFR § 5b.4
- **Heading:** Maintenance of records
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 45—Public Welfare > SUBTITLE A—Department of Health and Human Services > SUBCHAPTER A—GENERAL ADMINISTRATION > PART 5b—PRIVACY ACT REGULATIONS

## Text

(a) No record will be maintained by the Department unless:
(1) It is relevant and necessary to accomplish a Department function required to be accomplished by statute or Executive Order;
(2) It is acquired to the greatest extent practicable from the subject individual when maintenance of the record may result in a determination about the subject individual's rights, benefits or privileges under Federal programs;
(3) The individual providing the record is informed of the authority for providing the record (including whether the providing of the record is mandatory or voluntary, the principal purpose for maintaining the record, the routine uses for the record, what effect his refusal to provide the record may have on him), and if the record is not required by statute or Executive Order to be provided by the individual, he agrees to provide the record.
(b) No record will be maintained by the Department which describes how an individual exercises rights guaranteed by the First Amendment unless expressly authorized (1) by statute, or (2) by the subject individual, or (3) unless pertinent to and within the scope of an authorized law enforcement activity.

## Nearby sections

- [45 CFR § 2.3 § 2.3 Policy on Presentation of testimony and production of documents.](https://www.frixlaw.com/law-library/statutes/ecfr-45-2.3.md)
- [45 CFR § 2.4 § 2.4 Procedures when voluntary testimony is requested or when an employee is subpoenaed.](https://www.frixlaw.com/law-library/statutes/ecfr-45-2.4.md)
- [45 CFR § 4.4 § 4.4 Acknowledgement of mailed process.](https://www.frixlaw.com/law-library/statutes/ecfr-45-4.4.md)
- [45 CFR § 4.6 § 4.6 Materials related to petitions under the National Vaccine Injury Compensation Program.](https://www.frixlaw.com/law-library/statutes/ecfr-45-4.6.md)
- [45 CFR § 5b.2 § 5b.2 Purpose and scope.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.2.md)
- [45 CFR § 5b.3 § 5b.3 Policy.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.3.md)
- [45 CFR § 5b.4 § 5b.4 Maintenance of records.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.4.md)
- [45 CFR § 5b.5 § 5b.5 Notification of or access to records.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.5.md)
- [45 CFR § 5b.6 § 5b.6 Special procedures for notification of or access to medical records.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.6.md)
- [45 CFR § 5b.10 § 5b.10 Parents and guardians.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.10.md)
- [45 CFR § 5b.13 § 5b.13 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.13.md)
- [45 CFR § 7.4 § 7.4 Option to acquire foreign rights.](https://www.frixlaw.com/law-library/statutes/ecfr-45-7.4.md)
- [45 CFR § 9.2 § 9.2 Policy.](https://www.frixlaw.com/law-library/statutes/ecfr-45-9.2.md)
- [45 CFR § 9.3 § 9.3 Delegations of authority.](https://www.frixlaw.com/law-library/statutes/ecfr-45-9.3.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-45-5b.4. Check the current official text before relying on it. Not legal advice.