Procedure for Request Under the Privacy Act
- Introduction: Questions on how to proceed upon
receipt of such a request should be directed to the Executive Office for
U.S. Attorneys, FOIA/PA Unit. (202) 252-6020 .
- General Requirements for Request: An individual requesting access to a
record, whether for purposes of correction or review, must request access to
a record about him/her by appearing in person or by writing to the component
that maintains the record. Such a request must describe the records sought
in sufficient detail to enable Department personnel to locate the system of
records containing the record with a reasonable amount of effort. See 28
C.F.R. Sec. 16.41(b).
- Any individual who submits a request for access to records must verify
his/her identity in accordance with the provisions of 28 C.F.R. Sec.
16.41(d). Generally, a Form DOJ-361 is used.
- Whenever a request is deemed defective in form for failure to comply
with the above requirements, the component responsible for responding to the
request shall promptly so notify the requester in writing.
- Requests for Access: FOIA/PA staff of the Executive Office for U.S.
Attorneys FOIA/PA Unit will work with United States Attorneys office
personnel when handling requests for access. The FOIA/PA Unit of EOUSA will
respond to the requester. A determination must normally be made within 20
days after the date of the receipt of the request.
- If access is granted, the component shall either provide the requester
with a copy of the record or make the record available for his/her
inspection. See, 28 C.F.R. Sec. 16.46(a).
- If access is to be denied, ( e.g. , the system of records is an exempt
system, the individual or agency is not listed in the systems notice as a
routine user, etc.), the requester must be notified within the applicable
time limit of the determination, the reasons therefor, and the requester's
right to administratively appeal the determination to the Office of
Information and Privacy (OIP) within 30 days after receipt thereof. See
28 C.F.R. Sec. 16.48(a).
- Requests for Correction: A request for correction must be made in
writing and must be addressed to the component that maintains the request.
It must, in addition to the general requirements set out in B, above,
identify the particular record, state the correction sought, and provide
justification for the correction.
The following records are not subject to correction or amendment as
provided in 28 C.F.R. Sec. 16.50:
- Transcripts of testimony given under oath or written statements made
- Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings which constitute the official record of such
- Pre-sentence reports; and
- Records duly exempted from correction pursuant to 5 U.S.C. Sec. 552a(j)
or 552a(k) by notice published in the Federal Register. See28 C.F.R. Sec.
- The requester may appeal the denial to the Attorney General within 30
days of his/her receipt of the notice denying his/her request. An appeal to
the Attorney General shall be made in writing and shall set forth the
specific item or information sought to be corrected, and include any
documentation said to justify the correction. Appeals should be addressed
to the Office of Information and Privacy. See 28 C.F.R. Sec. 16.50(c).
- The Director, Office of Information and Privacy, shall decide all
appeals from denials of requests to correct records within 30 working days
or receipt of the appeals, unless there is good cause to extend this period.
If the denial of a request is affirmed on appeal, the requester shall be
notified in writing and advised of (1) the reason or reasons the denial has
been affirmed, (2) the requester's right to file a statement of disagreement
as provided in 28 C.F.R. Sec. 16.50(e) and (3) the requester's right to
obtain judicial review of the denial. See 28 C.F.R. Sec. 16.50(d).
- Judicial Review: In the event that a requester files a civil action
against the Department under the Act, the Federal Programs Branch of the
Civil Division will be responsible for overseeing the defense of the
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