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Privacy Act Requests

All U.S. Trustee Program Privacy Act Requests must be signed and submitted in writing to:

Larry Wahlquist, Privacy Act Counsel
Office of the General Counsel
Executive Office for U.S. Trustees
United States Department of Justice
441 G Street, N.W., Suite 6150
Washington, D.C. 20530
USTPFoia.Requests@usdoj.gov

As noted in the Privacy Act (5 U.S.C. 552a) and the Department's Privacy Act Overview, an individual United States citizen or Legal Permanent Resident may seek to access, correct, or amend records that are retrieved by name or other personal identifier — such as one's social security number (SSN) — contained in U.S. Trustee Program systems-of-records. Such requests will be processed in accordance with applicable legal requirements and exemptions under the governing regulations (e.g., 28 CFR 16.40 and 28 CFR 16.77) and statutes such as FOIA and the Privacy Act (cf. 5 U.S.C. 552a(j)-(k)), as appropriate.

Although requests may be made in any written form that bears the requester's signature, they must be sent to the above address, and they should include a return address that identifies your street name/number, so we may respond via certified mail.  For further guidance, see below and consult 28 CFR 16.40, et seq. (Subpart D) ("Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974").

Requests for information contained in a PA system-of-records must: (1) be accompanied by a consent form or verification of identity (see below) attesting that you are the record subject (or his/her legal guardian) or that you have the record subject's consent; (2) clearly identify the particular record(s) at issue; and (3) indicate the precise nature of any amendment, correction, or other action sought, and the reason or justification for such action.

In identifying the record(s) at issue, please describe them in sufficient detail to enable USTP staff to conduct a search for the requested records with a reasonable amount of effort (e.g., bankrupcty case files, personnel records, etc.). Likewise — to minimize billable search and related fees— please specify which USTP region or office you are inquiring about.

VERIFICATION OF IDENTITY & CONSENT:

A request for access to records about yourself must contain a verification of identity consisting, at a minimum, of your full name, your current address, and your date and place of birth. To facilitate the identification and retrieval of requested records, requests should also contain your social security number (SSN) and/or alien or employee identification number.

If you seek information regarding third parties, "either a written authorization signed by that individual permitting disclosure of those records to you or proof that that individual is deceased (for example . . . a death certificate or an obituary) will help the processing of your request." See 28 CFR § 16.3(a); accord Overview of The Privacy Act of 1974 and FOIA Reference Guide.

All such requests must be signed, and your signature must be notarized or submitted under 28 U.S.C. 1746, a law allowing unnotarized statements to be made under penalty of perjury. For further information, see 28 CFR 16.41(d) ("Verification of Identity"). If you are authorizing a third-party to obtain records regarding you, please also submit a signed consent form.

While no special verification-of-identity or consent forms are required, you may use Department of Justice Form 361 (Certification of Identity) or Form G-639 (FOIA/PA Request), as appropriate.

VERIFICATION OF GUARDIANSHIP (28 CFR 16.41(e)):

The parent or guardian of either a child or of a person judicially determined to be incompetent and seeking access to records of the minor or incompetent must verify:

  • Their own identity and the identity of the record-subject; and
  • Their parentage or guardianship of the record-subject, by furnishing a copy of a birth certificate showing parentage or a Court order establishing guardianship.

For further instructions, see 28 CFR 16.41(e) ("Verification of Guardianship").

FEES:

Privacy Act requests are subject to duplication, search, and/or review fees to the extent authorized by 28 CFR 16.49 ("Fees"); see also 28 CFR 16.11. Unless otherwise specified, your request for records under the Privacy Act constitutes your agreement to pay all applicable fees up to $25. See 28 CFR 16.41(c) ("Agreement to Pay Fees"). A requester will typically be notified beforehand if it appears that fees will exceed $25.

For further information, you may also wish to visit the Department's Office of Information & Privacy home page. Thank you.

 

Thursday, July 17, 2014 11:25 AM