Privacy

Published date11 October 2023
Record Number2023-22439
Citation88 FR 70374
CourtFederal Labor Relations Authority
SectionProposed rules
Federal Register, Volume 88 Issue 195 (Wednesday, October 11, 2023)
[Federal Register Volume 88, Number 195 (Wednesday, October 11, 2023)]
                [Proposed Rules]
                [Pages 70374-70379]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2023-22439]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 88, No. 195 / Wednesday, October 11, 2023 /
                Proposed Rules
                [[Page 70374]]
                FEDERAL LABOR RELATIONS AUTHORITY
                5 CFR Part 2412
                Privacy
                AGENCY: Federal Labor Relations Authority.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: This rulemaking proposes revisions to the regulations that the
                Federal Labor Relations Authority (FLRA) follows in processing records
                under the Privacy Act. The FLRA is revising these regulations to update
                procedures for requesting information from the FLRA and procedures that
                the FLRA follows in responding to requests from the public, in order to
                reflect changes in the law and the FLRA's organization since the
                regulations were last updated.
                DATES: Written comments must be received on or before November 13,
                2023.
                ADDRESSES: You may send comments, which must include the caption
                ``Privacy Act Regulations,'' by one of the following methods:
                 Email: [email protected]. Include ``Privacy Act Regulations'' in the
                subject line of the message.
                 Mail: Thomas Tso, Senior Agency Official for Privacy, Federal Labor
                Relations Authority, 1400 K Street NW, Washington, DC 20424-0001.
                 Instructions: Do not mail written comments if they have been
                submitted via email. Interested persons who mail written comments must
                submit an original and 4 copies of each written comment, with any
                enclosures, on 8\1/2\ x 11 inch paper. Do not deliver comments by hand.
                FOR FURTHER INFORMATION CONTACT: If you have any questions, please
                contact Thomas Tso, Solicitor, Senior Agency Official for Privacy, at
                (771) 444-5779.
                SUPPLEMENTARY INFORMATION: The proposed revisions to the FLRA's Privacy
                Act (5 U.S.C. 552a) regulations update these regulations to account for
                issues that have arisen since the regulations were last updated. For
                example, these changes are proposed to reflect modifications that
                clarify the FLRA's obligations under the Act and align with the
                authority vested in the FLRA's Office of the Solicitor to process
                Privacy Act requests. Modifications include the addition of language to
                reflect the amendment of the Privacy Act by the Debt Collection Act of
                1982 (which stated the circumstances under which Federal agencies could
                disclose individual records to consumer reporting agencies). By
                consolidating responsibility with the Solicitor, the designated Senior
                Agency Official for Privacy, the proposed regulations ensure compliance
                with the Senior Agency Official for Privacy's oversight requirements in
                OMB M-16-24, ``Role and Designation of Senior Agency Officials for
                Privacy'' in accordance with E.O. 13719, Establishment of the Federal
                Privacy Council.'' [81 FR 7685, February 12, 2016]. The proposed
                regulations also ensure the independence of the FLRA's Office of the
                Inspector General (OIG or IG) by assigning all responsibilities to the
                IG for deciding Privacy Act requests for records held by the IG. In
                addition to some minor non-substantive changes to correct typographical
                errors, small stylistic adjustments for clarification, and streamlined
                language of some procedural provisions, the FLRA is proposing the
                following changes:
                 Section 2412.1 is revised to clarify that these
                regulations are coordinated with regulations under the Freedom of
                Information Act (FOIA) and these regulations do not concern personnel
                records of FLRA employees.
                 Section 2412.2 is revised to add definitions for four
                terms used in the regulations: request for access, request for
                amendment or correction, request for an accounting, and requester.
                 Section 2412.4 is revised to streamline the procedure for
                existence-of-records requests by directing all requests to the FLRA's
                Solicitor, or the IG, as appropriate, and to include procedures for
                verifying identity and filing an existence-of-records request as a
                parent or guardian of an individual.
                 Section 2412.5 is revised to streamline the procedure for
                individual access requests by directing all requests to the FLRA's
                Solicitor, or the IG, as appropriate, and to include procedures for
                verifying identity and for filing an individual access request as a
                parent or guardian of an individual.
                 Section 2412.6 is removed and redesignated as Sec. 2412.7
                and is revised to streamline the procedure for responding to access
                requests by providing that the FLRA's Solicitor, or the IG, as
                appropriate will issue all initial decisions on access requests.
                Revisions also clarify that records will not be provided if they have
                been compiled in reasonable anticipation of civil or criminal action or
                other proceedings.
                 Section 2412.7 is removed and integrated into newly
                redesignated Sec. 2412.6 in order to consolidate all request
                provisions.
                 Section 2412.8 is removed and redesignated as Sec. 2412.6
                and is revised to contain the limitations on disclosure and to
                streamline the process for responding to third-party requests for
                records by directing all such requests to the FLRA's Solicitor or the
                IG. The revision also adds language to reflect the amendment of the
                Privacy Act by the Debt Collection Act of 1982, which stated the
                circumstances under which Federal agencies could disclose individual
                records to consumer reporting agencies.
                 Section 2412.9 is removed and redesignated as Sec. 2412.8
                and is revised to include a procedure for requesting accountings of
                record disclosures, for the FLRA's Solicitor or IG to respond to such
                requests, and for an individual to appeal the Solicitor or IG's
                decision. Revisions also identify certain types of records that are not
                subject to accounting or disclosure of an accounting.
                 Section 2412.10 is removed and redesignated as Sec.
                2412.9 and is revised to streamline the procedure for requesting
                amendment or correction of records by directing all such requests to
                the FLRA's Solicitor or the IG and to list certain types of records
                that are not subject to amendment or correction.
                 Section 2412.11 is removed and redesignated as Sec.
                2412.10 and is revised to streamline the procedure for responding to
                requests for correction or amendment by providing that the FLRA's
                Solicitor or IG will issue all initial decisions on access requests.
                 Section 2412.12 is removed and redesignated as Sec.
                2412.11 and is revised to streamline the procedure for
                [[Page 70375]]
                correction or amendment of previously disclosed records by providing
                that the FLRA's Solicitor or IG will give notice of correction or
                amendment, or notice of a written statement of disagreement, to all
                persons to whom such records or copies have been disclosed.
                 Section 2412.13 is removed and redesignated as Sec.
                2412.12 and is revised to streamline the procedure for an individual to
                appeal the initial decision of the FLRA's Solicitor or IG on a request
                for information regarding, or access to, a system of records, for
                amendment or correction of records, or for an accounting of disclosure
                from records by providing that the individual may submit the appeal by
                mail or by email to [email protected].
                 Section 2412.14 is removed and redesignated as Sec.
                2412.13 and is revised to provide that an individual's Privacy Act
                request for access to records will be considered an agreement to pay
                all applicable fees charged under paragraph (b) of this section, up to
                $25.00, unless the request specifies otherwise. It is further amended
                to provide that the cost for paper-copy duplication of records is
                twenty-five (25) cents per page, consistent with the duplication fees
                charged by the FLRA under its FOIA regulations.
                 Section 2412.15 is removed and redesignated as Sec.
                2412.14.
                 Section 2412.16 is removed and redesignated as Sec.
                2412.15.
                 This proposed rule is internal and procedural rather than
                substantive. It does not create a right to obtain FLRA records, nor
                does it create any additional right or privilege not already available
                to the public under the Privacy Act.
                Regulatory Flexibility Act Certification
                 Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
                U.S.C. 605(b), the FLRA has determined that this regulation, as
                amended, will not have a significant impact on a substantial number of
                small entities. The Privacy Act primarily affects individuals and not
                entities and the proposed rule would impose no duties or obligations on
                small entities.
                Unfunded Mandates Reform Act of 1995
                 This proposed rule change will not result in the expenditure by
                state, local, and tribal governments, in the aggregate, or by the
                private sector, of $100,000,000 or more in any one year, and it will
                not significantly or uniquely affect small governments. Therefore, no
                actions were deemed necessary under the provisions of the Unfunded
                Mandates Reform Act of 1995.
                Small Business Regulatory Enforcement Fairness Act of 1996
                 This action is not a major rule as defined by section 804 of the
                Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
                804. This proposed rule will not result in an annual effect on the
                economy of $100,000,000 or more; a major increase in costs or prices;
                or significant adverse effects on competition, employment, investment,
                productivity, innovation, or on the ability of United States-based
                companies to compete with foreign-based companies in domestic and
                export markets.
                Paperwork Reduction Act of 1995
                 The amended regulations contain no additional information
                collection or record-keeping requirements under the Paperwork Reduction
                Act of 1995, 44 U.S.C. 3501, et seq.
                List of Subjects in 5 CFR Part 2412
                 Privacy Act.
                 For the reasons stated in the preamble, the Authority proposes to
                revise 5 CFR part 2412 to read as follows:
                PART 2412--PRIVACY
                Sec.
                2412.1 Purpose and scope.
                2412.2 Definitions.
                2412.3 Notice and publication.
                2412.4 Existence-of-records requests.
                2412.5 Individual access requests.
                2412.6 Records about other individuals, medical records, and
                limitations on disclosures.
                2412.7 Initial decision on access requests.
                2412.8 Accountings of disclosures and requests for accountings.
                2412.9 Requests for amendment or correction of records.
                2412.10 Initial decision on amendment or correction.
                2412.11 Amendment or correction of previously disclosed records.
                2412.12 Agency review of refusal to inform, to provide access to, or
                to amend or correct records.
                2412.13 Fees.
                2412.14 Penalties.
                2412.15 Exemptions.
                 Authority: 5 U.S.C. 552a.
                Sec. 2412.1 Purpose and scope.
                 This part contains the regulations that the Federal Labor Relations
                Authority (FLRA), including the Authority component (Authority), the
                General Counsel of the FLRA (General Counsel), the Inspector General
                (IG), and the Federal Service Impasses Panel (Panel), follow under the
                Privacy Act of 1974, as amended, 5 U.S.C. 552a. These regulations
                should be read together with the Privacy Act, which provides additional
                information about records maintained on individuals. The regulations
                apply to all records maintained by the Authority, the General Counsel,
                the IG, and the Panel that are contained in a system of records, as
                defined at Sec. 2412.2(d), and that are retrieved by an individual's
                name or personal identifier. They describe the procedures by which
                individuals may request access to records about themselves, request
                amendment or correction of those records, and request an accounting of
                disclosures of those records. In addition, the regulations limit the
                access of other persons to those records. The Authority, the General
                Counsel, the IG, and the Panel also process all Privacy Act requests
                for access to records under the Freedom of Information Act, 5 U.S.C.
                552, giving requesters the benefit of both statutes. These regulations
                do not relate to those personnel records of Federal Government
                employees, which are under the Office of Personnel Management's (OPM)
                jurisdiction, to the extent such records are subject to OPM
                regulations.
                Sec. 2412.2 Definitions.
                 For the purposes of this part--
                 Individual means a citizen of the United States or an alien
                lawfully admitted for permanent residence.
                 Maintain includes maintain, collect, use, or disseminate.
                 Record means any item, collection, or grouping of information about
                an individual that is maintained by the Authority, the General Counsel,
                the IG, or the Panel including, but not limited to, information
                regarding the individual's education, financial transactions, medical
                history, and criminal or employment history, that contains the
                individual's name, or the identifying number, symbol, or other
                identifying particular assigned to the individual, such as a finger or
                voice print or a photograph.
                 Request for access to a record means a request made under the
                Privacy Act, 5 U.S.C. 552a(d)(1).
                 Request for amendment or correction of a record means a request
                made under the Privacy Act, 5 U.S.C. 552a(d)(2).
                 Request for an accounting means a request made under the Privacy
                Act, 5 U.S.C. 552a(c)(3).
                 Requester means an individual who makes an existence-of-records
                request, a request for access, a request for amendment or correction,
                or a request for an accounting under the Privacy Act.
                 System of records means a group of any records under the control of
                the Authority, the General Counsel, the IG, or the Panel from which
                information is
                [[Page 70376]]
                retrieved by the name of the individual or by some identifying
                particular assigned to the individual.
                 Routine use means, with respect to the disclosure of a record, the
                use of such record for a purpose which is compatible with the purpose
                for which it was collected.
                Sec. 2412.3 Notice and publication.
                 The Authority, the General Counsel, the IG, and the Panel will
                publish in the Federal Register such notices describing systems of
                records as are required by law.
                Sec. 2412.4 Existence-of-records requests.
                 (a) If you want to know whether a system of records maintained by
                the Authority, the General Counsel, the IG, or the Panel contains a
                record pertaining to you, you may submit a written existence-of-records
                request by mail to the FLRA's Solicitor or IG, as appropriate, at the
                Authority's offices in Washington, DC, or by email to [email protected].
                 (b) You should clearly and prominently identify your request as a
                Privacy Act request. If you submit the request by mail, it should bear
                the mark ``Privacy Act Request'' on the envelope or other cover, as
                well as your return address. If you submit the request by email, the
                subject line of the email should include the phrase ``Privacy Act
                Request.'' If you do not comply with the provisions of this paragraph,
                your request will not be deemed received until the time it is actually
                received by the FLRA's Solicitor or IG.
                 (c) An existence-of-records request must include your name and
                address and must reasonably describe the system of records in question.
                Whenever possible, the request should also describe the time periods in
                which you believe the records were compiled and the name or identifying
                number of each system of records in which you believe the records are
                kept. The Authority, the General Counsel, the IG, and the Panel have
                published descriptions of the systems of records they maintain in the
                Federal Register.
                 (d) When you make an existence-of-records request regarding records
                about yourself, you must verify your identity. You must state your full
                name, current address, and date and place of birth. You must sign your
                request and your signature must either be notarized or submitted by you
                under 28 U.S.C. 1746, a law that permits statements to be made under
                penalty of perjury as a substitute for notarization. In order to help
                the identification and location of requested records, you may also, at
                your option, include your social security number.
                 (e) When making an existence-of-records request as the parent or
                guardian of a minor or as the guardian of someone determined by a court
                to be incompetent, you must establish:
                 (1) The identity of the individual who is the subject of the
                record, by stating the name, current address, date and place of birth,
                and, at your option, the social security number of the individual;
                 (2) Your own identity, following the requirements of paragraph (d)
                of this section;
                 (3) That you are the parent or guardian of that individual, which
                you may prove by providing a copy of the individual's birth certificate
                showing your parentage or by providing a court order establishing your
                guardianship; and
                 (4) That you are acting on behalf of that individual in making the
                request.
                 (f) The Solicitor or IG, as appropriate, will advise you in writing
                within ten (10) working days from receipt of your request whether the
                system of records you identified contains a record pertaining to you or
                to the individual for whom you are a parent or guardian and, if so, the
                office in which that record is located. If the Solicitor or IG is
                prohibited from, or there is otherwise an exemption that prevents,
                disclosing whether a system of records contains a record pertaining to
                you or to the individual for whom you are a parent or guardian, you
                will be notified in writing of the reasons of that determination, and
                of your right to appeal that determination under the provisions Sec.
                2412.12.
                Sec. 2412.5 Individual access requests.
                 (a) You may make a request for access to a record about yourself
                that is contained in a system of records maintained by the Authority,
                the General Counsel, the IG, or the Panel by submitting a written
                request reasonably identifying the records sought to be inspected or
                copied by mail to the FLRA's Solicitor or the IG at the Authority's
                offices in Washington, DC, or by email to [email protected]. You must
                describe the records that you want in enough detail to enable
                Authority, General Counsel, IG, or Panel personnel to locate the system
                of records containing them with a reasonable amount of effort. Whenever
                possible, your request should describe the time periods in which you
                believe the records were compiled and the name or identifying number of
                each system of records in which you believe the records are kept. The
                Authority, the General Counsel, the IG, and the Panel have published
                descriptions of the systems of records they maintain in the Federal
                Register.
                 (b) Your written request should be clearly and prominently
                identified as a Privacy Act request. If you submit the request by mail,
                it should bear the mark ``Privacy Act Request'' on the envelope or
                other cover, as well as your return address. If you submit the request
                by email, the subject line of the email should include the phrase
                ``Privacy Act Request.'' If your request does not comply with the
                provisions of this paragraph, it will not be deemed received until the
                time it is actually received by the FLRA's Solicitor or IG.
                 (c) If you desire, you may be accompanied by another person during
                your review of the records. If you desire to be accompanied by another
                person during the inspection, you must notify the Solicitor or IG at
                least twenty-four hours in advance of the agreed-upon inspection date.
                Additionally, you must sign a statement and provide it to the
                representative of the Authority, the General Counsel, the IG, or the
                Panel, as appropriate, at the time of the inspection, authorizing that
                person to accompany you. The agency may require a written statement
                from you authorizing discussion of your record in the accompanying
                person's presence.
                 (d) When you make a request for access to records about yourself,
                you must verify your identity. You must state your full name, current
                address, and date and place of birth. You must sign your request and
                your signature must either be notarized or submitted by you under 28
                U.S.C. 1746, a law that permits statements to be made under penalty of
                perjury as a substitute for notarization. In order to help the
                identification and location of requested records, you may also, at your
                option, include your social security number.
                 (e) When making a request as the parent or guardian of a minor or
                as the guardian of someone determined by a court to be incompetent, for
                access to records about that individual, you must establish:
                 (1) The identity of the individual who is the subject of the
                record, by stating the name, current address, date and place of birth,
                and, at your option, the social security number of the individual;
                 (2) Your own identity, following the requirements of paragraph (d)
                of this section;
                 (3) That you are the parent or guardian of that individual, which
                you may prove by providing a copy of the individual's birth certificate
                showing your parentage or by providing a court
                [[Page 70377]]
                order establishing your guardianship; and
                 (4) That you are acting on behalf of that individual in making the
                request.
                Sec. 2412.6 Records about other individuals, medical records, and
                limitations on disclosures.
                 (a) Requests for records about an individual made by person other
                than that individual shall also be directed to the FLRA's Solicitor or
                IG, as appropriate, at the Authority's offices in Washington, DC, or by
                email to [email protected]. You must describe the records that you want
                in enough detail to enable Authority, General Counsel, IG, or Panel
                personnel to locate the system of records containing them with a
                reasonable amount of effort. Whenever possible, your request should
                describe the time periods in which you believe the records were
                compiled and the name or identifying number of each system of records
                in which you believe the records are kept. The Authority, the General
                Counsel, the IG, and the Panel have published descriptions of the
                systems of records they maintain in the Federal Register.
                 (b) Such records shall only be made available to persons other than
                that individual in the following circumstances:
                 (1) To any person with the prior written consent of the individual
                about whom the records are maintained;
                 (2) To officers and employees of the Authority, the General
                Counsel, the IG, and the Panel who have a need for the records in the
                performance of their official duties;
                 (3) For a routine use compatible with the purpose for which it was
                collected, as defined in 5 U.S.C. 552a(a)(7) and as described under 5
                U.S.C. 552a(e)(4)(D);
                 (4) To any person to whom disclosure is required by the Freedom of
                Information Act, as amended, 5 U.S.C. 552;
                 (5) To the Bureau of the Census for purposes of planning or
                carrying out a census or survey or related activity pursuant to title
                13 of the United States Code;
                 (6) In a form not individually identifiable to a recipient who has
                provided the Solicitor or IG with advance adequate written assurance
                that the record will be used solely as a statistical research or
                reporting record;
                 (7) To the National Archives and Records Administration or other
                appropriate entity as a record which has sufficient historical or other
                value warranting its preservation, or for evaluation by the Archivist
                of the United States or the designee of such official to determine
                whether the record has such value;
                 (8) To another agency or to an instrumentality of any governmental
                jurisdiction within or under control of the United States for a civil
                or criminal law enforcement activity that is authorized by law if the
                head of the agency or instrumentality has made a written request for
                the record to the Solicitor or IG, in accordance with part 2417 of this
                chapter, specifying the particular portion desired and the law
                enforcement activity for which the record is sought;
                 (9) To a person pursuant to a showing of compelling circumstances
                affecting the health or safety of an individual, provided that
                notification of such a disclosure shall be immediately mailed to the
                last known address of the individual;
                 (10) To either House of Congress or to any committee thereof with
                appropriate jurisdiction;
                 (11) To the Comptroller General, or any of Comptroller General's
                authorized representatives, in the performance of the official duties
                of the General Accountability Office;
                 (12) Pursuant to the order of a court of competent jurisdiction; or
                 (13) To a consumer reporting agency in accordance with 31 U.S.C.
                3711(e).
                 (c) The request shall be in writing and should be clearly and
                prominently identified as a Privacy Act request and, if submitted by
                mail or otherwise submitted in an envelope or other cover, should bear
                the mark ``Privacy Act Request'' on the envelope or other cover. If a
                request does not comply with the provisions of this paragraph, it shall
                not be deemed received until the time it is actually received by the
                Solicitor or the IG.
                 (d) If medical records are requested for inspection which, in the
                opinion of the Solicitor or the IG, as appropriate, may be harmful to
                the requester if personally inspected by such person, such records will
                be furnished only to a licensed physician designated to receive such
                records by the requester. Prior to such disclosure, the requester must
                furnish a signed written authorization to make such disclosure and the
                physician must furnish a written request for the physician's receipt of
                such records to the Solicitor or the IG, as appropriate.
                 (1) If such authorization is not executed within the presence of an
                Authority, General Counsel, or Panel representative, the authorization
                must be accompanied by a notarized statement verifying the
                identification of the requester.
                 (2) [Reserved]
                Sec. 2412.7 Initial decision on access requests.
                 (a) Within ten (10) working days of the receipt of a request
                pursuant to Sec. 2412.5, the FLRA's Solicitor or IG will make an
                initial decision regarding whether the requested records exist and
                whether they will be made available to the requester. The Solicitor or
                IG will promptly communicate that initial decision to you in writing or
                other appropriate form.
                 (b) When the initial decision is to provide access to the requested
                records, the writing or other appropriate communication notifying you
                of the decision will:
                 (1) Briefly describe the records to be made available;
                 (2) State whether any records maintained about you in the system of
                records in question are not being made available;
                 (3) State whether any further verification of your identity is
                necessary; and
                 (4) Notify you of any fee charged under Sec. 2412.13.
                 (5) The Solicitor or IG will promptly disclose the requested
                records to you upon payment of any applicable fee under Sec. 2412.13.
                 (c) When the initial decision is not to provide access to requested
                records and accountings, the Solicitor or IG will, by writing or other
                appropriate communication, explain the reason for that decision. The
                Solicitor or IG will only refuse to provide you access when:
                 (1) Your verification of identity is inadequate under Sec.
                2412.5(d);
                 (2) No such records are maintained or an exemption applies;
                 (3) Your information is contained in, and inseparable from, another
                individual's record;
                 (4) The requested records have been compiled in reasonable
                anticipation of civil or criminal action or other proceedings.
                Sec. 2412.8 Accountings of disclosures and requests for accountings.
                 (a) The FLRA's Solicitor or IG, as appropriate, will maintain a
                record (``accounting'') of every instance in which records about an
                individual are made available, pursuant to this part, to any person
                other than:
                 (1) Officers or employees of the Authority, the General Counsel,
                the IG, or the Panel in the performance of their duties; or
                 (2) Any person pursuant to the Freedom of Information Act, as
                amended, 5 U.S.C. 552.
                 (b) The accounting which shall be retained for at least five (5)
                years or the life of the record, whichever is longer, shall contain the
                following information:
                [[Page 70378]]
                 (1) A brief description of records disclosed;
                 (2) The date, nature and, where known, the purpose of the
                disclosure; and
                 (3) The name and address of the person or agency to whom the
                disclosure is made.
                 (c) Except when accountings of disclosures are not required to be
                kept (as stated in paragraph (a) of this section) or are withheld
                accounting of disclosures that were made pursuant to 5 U.S.C.
                552a(b)(7), you may make a request for an accounting of any disclosure
                that has been made by the Solicitor or IG, to another person,
                organization, or agency of any record about you. This accounting
                contains the date, nature, and purpose of each disclosure, as well as
                the name and address of the person, organization, or agency to which
                the disclosure was made. Your request for an accounting should identify
                each particular record in question and should be made by writing to the
                FLRA's Solicitor or IG, as appropriate, following the procedures in
                Sec. 2412.5.
                 (d) The FLRA's Solicitor or IG, as appropriate, will respond to
                your request for access to an accounting following the procedures in
                Sec. 2412.7. You may appeal the Solicitor or IG's decision on your
                request under the procedures in Sec. 2412.12.
                Sec. 2412.9 Requests for amendment or correction of records.
                 (a) Unless the record is not subject to amendment or correction as
                stated in paragraph (b) of this section, you may make a request for
                amendment or correction of an Authority, General Counsel, IG, or Panel
                record about yourself or about an individual for whom you are a parent
                or guardian by submitting a written request to the FLRA's Solicitor or
                IG, as appropriate, following the procedures in Sec. 2412.5. Your
                request should identify each particular record in question, state the
                amendment or correction that you want, and state why you believe that
                the record is not accurate, relevant, timely, or complete. Please note
                that a requester bears the burden of proving by the preponderance of
                the evidence that information is not accurate, relevant, timely, or
                complete. You may submit any documentation that you think would be
                helpful. If you believe that the same record is in more than one system
                of records, your request should state that.
                 (b) The following records are not subject to amendment or
                correction:
                 (1) Transcripts of testimony given under oath or written statements
                made under oath;
                 (2) Transcripts of grand jury proceedings, judicial proceedings, or
                quasi-judicial proceedings, which are the official record of those
                proceedings;
                 (3) Records in systems of records that have been exempted from
                amendment and correction under the Privacy Act, 5 U.S.C. 552a(j) or
                (k), by notice published in the Federal Register; and
                 (4) Records compiled in reasonable anticipation of a civil action
                or proceeding.
                Sec. 2412.10 Initial decision on amendment or correction.
                 (a) Within ten (10) working days after receiving your request for
                amendment or correction, the FLRA's Solicitor or IG, as appropriate,
                will acknowledge receipt of the request and, under normal
                circumstances, the Solicitor or IG will notify you, by mail or other
                appropriate means, of the decision regarding the request not later than
                thirty (30) working days after receiving of the request.
                 (b) The notice of decision will include:
                 (1) A statement of whether the Solicitor or IG has granted or
                denied your request, in whole or in part;
                 (2) A quotation or description of any amendment or correction made
                to any records; and
                 (3) When a request is denied in whole or in part, an explanation of
                the reason for that denial and of your right to appeal the decision to
                the Chairman of the Authority, pursuant to Sec. 2412.12.
                Sec. 2412.11 Amendment or correction of previously disclosed
                records.
                 When a record is amended or corrected pursuant to Sec. 2412.10, or
                a written statement of disagreement filed, pursuant to Sec. 2412.12,
                the FLRA's Solicitor or IG, as appropriate, will give notice of that
                correction, amendment, or written statement of disagreement to all
                persons to whom such records or copies have been disclosed, as recorded
                in the accounting kept pursuant to Sec. 2412.8.
                Sec. 2412.12 Agency review of refusal to inform, to provide access
                to, or to amend or correct records.
                 (a) If your request for information regarding whether a system of
                records contains information about you or an individual for whom you
                are a parent or guardian, or your request for access to, or amendment
                or correction of, records of the Authority, the General Counsel, the
                IG, or the Panel, or an accounting of disclosure from such records, has
                been denied in whole or in part by an initial decision, you may, within
                thirty (30) working days after your receipt of notice of the initial
                decision, appeal that decision by filing a written request by mail to
                the Chairman of the Authority at the Authority's offices in Washington,
                DC, or by email to [email protected].
                 (b) The appeal must describe:
                 (1) The request you initially made for information regarding,
                access to, or the amendment or correction of, records;
                 (2) The initial decision of the FLRA's Solicitor or IG on the
                request; and
                 (3) The reasons why that initial decision should be modified by the
                Chairman of the Authority.
                 (c) Not later than thirty (30) working days after receipt of a
                request for review (unless such period is extended by the Chairman of
                the Authority or the Chairman's designee for good cause shown), the
                Chairman of the Authority or the Chairman's designee will notify you of
                their decision on your request. If the Chairman of the Authority or the
                Chairman's designee upholds the initial decision not to inform the
                individual of whether requested records exist, or not to provide access
                to requested records or accountings, or not to amend or correct the
                records as requested, then the Chairman of the Authority or the
                Chairman's designee will notify you of your right:
                 (1) To judicial review of the Chairman of the Authority or the
                Chairman's designee's decision pursuant to 5 U.S.C. 552a(g)(1); and
                 (2) To file with the FLRA's Solicitor or IG, as appropriate, a
                concise written statement of disagreement with the determination. That
                written statement of disagreement will be made a part of the record and
                will accompany that record in any use or disclosure of the record.
                Sec. 2412.13 Fees.
                 (a) Your Privacy Act request for access to records will be
                considered an agreement to pay all applicable fees charged under
                paragraph (b) of this section, up to $25.00. When making a request, you
                may specify a willingness to pay a greater or lesser amount.
                 (b) There will be a charge of twenty-five cents per page for paper-
                copy duplication of records disclosed under this part. For copies of
                records produced on tapes, disks, or other media, the Solicitor or IG
                will charge the actual cost of production, including operator time.
                 (c) The FLRA's Solicitor or IG may waive or reduce any charges
                under this section whenever it is in the public interest to do so.
                Sec. 2412.14 Penalties.
                 Any person who knowingly and willfully requests or obtains any
                record
                [[Page 70379]]
                concerning an individual from the Authority, the General Counsel, the
                IG, or the Panel under false pretenses will be subject to criminal
                prosecution under 5 U.S.C. 552a(i)(3), which provides that such person
                shall be guilty of a misdemeanor and fined not more than $5,000.
                Sec. 2412.15 Exemptions.
                 (a) Files of FLRA's Office of Inspector General (OIG) compiled for
                the purpose of a criminal investigation and for related purposes.
                Pursuant to 5 U.S.C. 552a(j)(2), the FLRA hereby exempts the system of
                records entitled ``FLRA/OIG-1, Office of Inspector General
                Investigative Files,'' insofar as it consists of information compiled
                for the purposes of a criminal investigation or for other purposes
                within the scope of 5 U.S.C. 552a(j)(2), from the application of 5
                U.S.C. 552a, except for 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A)
                through (F), (e)(6), (7), (9), (10), (11) and (i).
                 (b) OIG files compiled for other law enforcement purposes. Pursuant
                to 5 U.S.C. 552a(k)(2), the FLRA hereby exempts the system of records
                entitled ``FLRA/OIG-1, Office of Inspector General Investigative
                Files,'' insofar as it consists of information compiled for law
                enforcement purposes other than material within the scope of 5 U.S.C.
                552a(j)(2), from the application of 5 U.S.C. 552a, (c)(3), (d), (e)(1),
                (e)(4)(G), (H), and (I), and (f).
                 Dated: October 4, 2023.
                Thomas Tso,
                Solicitor.
                [FR Doc. 2023-22439 Filed 10-10-23; 8:45 am]
                BILLING CODE 7627-01-P
                

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