record by submitting a Privacy Act request for any such accounting to the appropriate system manager or designee for the appropriate system of records.

(b) The system manager or designee shall respond to such a request within ten working days and shall inform the requester, for each disclosure made; the description of the record disclosed; the date, method, and purpose of each disclosure; the name and address of the person to whom the disclosure was made; and the name and position title of the person making the disclosure.

(c) The only basis for not furnishing an accounting of disclosure is where that disclosure was made under 5 U.S.C. 552a(b)(7). Although such an accounting must be retained, when the system manager or designee is processing a request for access to the accounting of disclosures made from an individual's records, disclosures under 5 U.S.C. 552a(b)(7) will not be provided.

Subpart C-Agency Responsibilities for Processing Privacy Act Requests

§ 297.301 Responsibilities.

(a) All agencies are responsible for protection of individual privacy in their personnel management processes. Each agency is responsible for:

(1) Its internal systems of personnel records for which agencies have sole responsibility; and

(2) Government-wide systems of personnel records which the Office manages and for which agencies and OPM share responsibilities.

(b) The Office is responsible for describing the division of required Privacy Act functions between OPM and the agencies for the Government-wide systems of personnel records OPM manages. This division of functions is described in this part, and in Chapters 293 and 297 of the Federal Personnel Manual.

(c) The Office or agency must respond to all reasonable inquiries concerning the Privacy Act or the regulations contained within Part 297.

§ 297.302 Verification of identity of requester.

The Office or agency shall verify the identity of an individual either requesting access or amendment to the individual's own records or submitting a specific inquiry as defined and in accordance with requirements prescribed in § 297.201 of this part. Alternatively, the system manager or designee may accept other proof of identity commensurate with any unusual circumstances surrounding the request.

§ 297.303 Response to access requests.

(a) Time limits. The Office or agency must respond within ten working days after receipt by the system manager or designee to each specific inquiry or request for access. If the requested data or an answer to a specific inquiry cannot be furnished within the ten day period, the response will be sent within that time giving the status of the matter, the expected date the material or answer will be furnished, or requesting any additional information needed to process the specific inquiry or request for access. Action will be completed as soon as possible thereafter, but not later than 20 working days after receipt of the original specific inquiry, request for access, or receipt of the additional information that was requested.

In unusual circumstances and for good cause, an OPM or agency official may decide that action cannot be completed within 20 days. In such a case, the OPM or the agency official will advise the individual of the reason for the delay and the date (not to exceed an additional 20 working days) by which action can be expected to be completed. Unusual circumstances would exist, for example, when the record must be retrieved from archival storage or requested from another agency, when a voluminous amount of material must be reviewed, or where information on other individuals must be separated or deleted from a particular record.

(b) Granting of access. The system manager or designee shall make the entire contents of the requested record available to a properly identified data subject or the data subject's

authorized representative, except for data that:

(1) Is subject to a properly promulgated exemption and for which the exemption has been applied (§ 297.304) (2) Requires special procedures for access (§ 297.204); or

(3) Is withheld in reasonable anticipation of a civil proceeding (§ 297.205(b)(2)).

Generally, the Office's policy is that there shall be no charge for the first copy of the information being requested. Thereafter, copies of the same records will be furnished on request in accordance with the fee schedule listed in Part 294 of this chapter. The system manager or designee, at his or her discretion, can elect to furnish a copy of the material to the requester in person or by mail.

(c) Denial of access. Where it is necessary for the system manager or designee to deny access to all or any part of the requested record, the decision must be based on one of the reasons for denial set forth in § 297.205 of Subpart B of this part. In addition to providing the requested information about the denial which is prescribed by § 297.205(a) of this part, the Office or agency official claiming an exemption from the access provisions of the Privacy Act will:

(1) Inform the requester when any portion of the record is exempt and, where appropriate, clearly describe any material in the record that is exempt in its entirety, in such a manner that will enable the requester to know of the existence of such material and to be able to sufficiently describe it in any request for review of the decision exempting it; and

(2) Inform the requester of the basis for any denial and his or her right to appeal the decision to exempt any part or all of the requested record, to the Assistant Director for Agency Compliance and Evaluation, in the case of an agency denial, and in the case of an OPM denial, to the General Counsel, Office of Personnel Management, 1900 E Street, N.W., Washington, D.C. 20415.

§ 297.304 Exempt records.

(a) Several OPM Internal, Central, and Government-wide systems of rec

ords contain information for which exemptions appearing at 5 U.S.C. 552a(k)(1), (2), (3), (5), and (6) may be claimed, the systems of records for which the exemptions are claimed, the specific exemptions determined to be necessary and proper with respect to these systems of records, the records exempted, the provisions of the Act from which they are exempted, and the justifications for the exemptions are set forth below.

(b) Specific exemptions.

(1) Administrative Law Judge Applicant Records (OPM/CENTRAL-8).

(i) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions of the Privacy Act relate to making accountings of disclosures available to the data subject and access to and amendment of records. These exemptions are claimed because this system contains investigatory material compiled solely for the purposes of determining suitability, eligibility, and qualifications for Federal civilian employment. To the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under implied promise that the identity of the source would be held in confidence, the application of exemption (k)(5) will be required to honor such a promise should the data subject request access to the accounting of disclosures of the record, or access to or amendment of the record.

(ii) All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of the records by the data subject. This exemption is claimed because portions of this system relate to testing or examination materials used solely to determine individual qualifications for appointment or promotion in the Federal service. Access to or amendment of this information by the data subject would compromise the ob

jectivity and fairness of the testing or examination process.

(2) Litigation and Claims Records (OPM/CENTRAL-9).

(i) When litigation or claims cases occur, information from other existing systems of records may be incorporated into the case file. This information may be material for which exemptions have been claimed by the Office in this section. To the extent that such exempt material is incorporated into a litigation or claim case file the appropriate exemption (5 U.S.C. 552a(k)(1), (2), (3), (5), or (6)) shall also apply to the material as it appears in this system. The exemptions shall be only from those provisions of the Act which were claimed for the systems from which the records originated.

(ii) During the course of litigation or claims cases, it may be necessary to conduct investigations to develop information and evidence relevant to the case. These investigative records may include material meeting the criteria stated in 5 U.S.C. 552a(k)(1), (2), (3), (5), and (6). Such material is exempt from the requirement of 5 U.S.C. 552a(c)(3) and (d). These provisions of the Act relate to making accounting of disclosures available to the data subject and access to an amendment of records. The specific applicability of the exemptions to this system and the reasons for the exemptions are as follows:

(A) Such investigations may obtain from another Federal agency properly classified information which pertains to national defense and foreign policy. Application of exemption (k)(1) may be necessary to preclude the data subject's access to and amendment of such classified information under 5 U.S.C. 552a(d);

(B) Such investigations may obtain from another Federal agency investigatory material compiled for law enforcement purposes other than material within the scope 5 U.S.C. 552a(j)(2), e.g., administration of the merit system. All information about individuals in these records that meets the criteria of 5 U.S.C. 552a(k)(2) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d). Application of exemption (k)(2) may be necessary

to preclude the data subject's access to or amendment of those records;

(C) Such investigations may obtain from another Federal agency information that relates to providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18. All information about individuals in these records that meets the criteria of 5 U.S.C. 552a(k)(3) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to or amendment of records by the data subject. Application of exemption (k)(3) may be necessary to preclude the data subject's access to and amendment of such records;

(D) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions of the Privacy Act relate to making accountings of disclosures available to the data subject and access to and amendment of records. These exemptions are claimed because this system contains investigatory material compiled solely for the purposes of determining suitability, eligibility, and qualifications for Federal civilian employment. To the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence, the application of exemption (k)(5) will be required to honor such a promise should the data subject request access to the accounting of disclosure, or access to or amendment of the record, that would reveal the identity of a confidential source; or

(E) All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of the records by the data subject. This exemption is claimed because portions of this system relate to testing or examination materials used solely to determine individual qualifi

cations for appointment or promotion in the Federal service. Access to or amendment by the data subject of this information would compromise the objectivity and fairness of the testing or examination process.

(3) Privacy Act/Freedom of Information Act Case Records (OPM/CENTRAL-10). In paragraphs (1) through (5) and (7) through (9) of this section, the Office has claimed exemptions for other of its systems of records where it felt such exemptions are appropriate and necessary. These exemptions are claimed under 5 U.S.C. 552a(k)(1), (2), (3), (5), and (6). During the course of a Privacy Act/Freedom of Information Act case (which may include access requests, amendment requests, and request for review for initial denials of such requests) exempt materials from those other systems may in turn become part of the case record in this system. To the extent that copies of exempt records from those other systems are entered into this system, the Office hereby claims the same exemptions for the records as they have in the original primary system of which they are a part.

(4) Personnel Investigations Records (OPM/CENTRAL-11). All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(1), (2), (3), (5), and (6) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions of the Privacy Act relate to making accountings of disclosures available to the data subject and access to and amendment of records. The specific applicability of the exemptions to this system and the reasons for the exemptions are as follows:

(i) Personnel investigations may obtain from another Federal agency properly classified information which pertains to national defense and foreign policy. Application of exemption (k)(1) may be necessary to preclude the data subject's access to and amendment of such classified information under 5 U.S.C. 552a(d).

(ii) Personnel investigations may contain investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2), e.g., investigations into the administration of the

merit system. Application of exemption (k)(2) may be necessary to preclude the data subject's access to or amendment of such records, under 552a(c)(3) and (d).

(iii) Personnel investigations may obtain from another Federal agency information that relates to providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18. Application of exemption (k)(3) may be necessary to preclude the data subject's access to and amendment of such records under 5 U.S.C. 552a(d).

(iv) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions of the Privacy Act relate to making accountings of disclosures available to the data subject, and access to and amendment of records. These exemptions are claimed because this system contains investigatory material compiled solely for the purpose of determining suitability, eligibility, and qualifications for Federal civilian employment. To the extent that the disclosure of material would reveal the identity of source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence, the application of exemption (k)(5) will be required to honor such a promise should the data subject request access to or amendment of the record, or access to the accounting of disclosures of the record.

(v) All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of records by the data subject. This exemption is claimed because portions of this system relate to testing or examination materials used solely to determine individual qualifications for appointment or promotion in the Federal service. Access to or amendment of this information by the data subject would compromise the ob

jectivity and fairness of the testing or examination process.

(5) Presidential Management Intern Program Records (OPM/CENTRAL13). All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) are exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of records by the data subject. This exemption is claimed because portions of this system relate to testing or examination materials used solely to determine individual qualifications for appointment or promotion in the Federal service and access to or amendment of this information by the data subject would compromise the objectivity and fairness of the testing or examination process.

(6) Recruiting, Examining, and Placement Records (OPM/GOVT-5).

(i) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a (c)(3) and (d). These provisions of the Privacy Act relate to making accountings of disclosures available to the data subject and access to and amendment of records. These exemptions are claimed because this system contains investigative material compiled solely for the purpose of determining the appropriateness of a request for approval of an objection to an eligible's qualification for employment in the Federal service. To the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, the application of exemption (k)(5) will be required to honor such a promise should the data subject request access to the accounting of disclosures of the record or access to or amendment of the record.

(ii) All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) are exempt from the requirements of 5 U.S.C. 552a(d), relating to access to an amendment of records by the subject. This exemption is claimed because portions of this system relate to testing or examination materials used

solely to determine individual qualification for appointment or promotion in the Federal service and access to or amendment of this information by the data subject would compromise the objectivity and fairness of the testing or examination process.

(7) Personnel Research Test Validation Records (OPM/GOVT-6). All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of the records by the data subject. This exemption is claimed because portions of this system relate to testing or examination materials used solely to determine individual qualifications for appointment or promotion in the Federal service. Access to or amendment of this information by the data subject would compromise the objectivity and fairness of the testing or examination process.

§ 297.305 Response to request for administrative review of denial of access.

(a) The Office will make every effort to reach a decision within ten working days on each request for administrative review of a denial of access. If a decision cannot be made within the ten day period, an acknowledgment will be sent within that time stating the status of the request, an expected date for the decision (within thirty working days); or, if necessary, a request for any additional information required to complete processing of the request. A decision shall be reached within thirty working days after receipt of the original request or receipt of the additional information. In unusual circumstances and for good cause, the Office may decide that a decision cannot be reached within thirty working days. In such a case, the Office will advise the requester of the reason for the delay and furnish a date by which the decision can be expected. Unusual circumstances would exist, for example when the record must be retrieved from archival storage or from various locations or when there is a voluminous amount of material to be reviewed.

(b) The requester shall be notified in writing of the Office's decision. If the