Title 40—Protection of Environment--Volume 1
PART 1516—PRIVACY ACT IMPLEMENTATION
§ 1516.1   What is the purpose of this part?
(a) This part explains how the Council on Environmental Quality (CEQ) manages certain records about individuals under the Privacy Act of 1974 (the Privacy Act). You can find the text of the Privacy Act at 5 U.S.C. 552a.
(b) This part explains how you, a citizen or lawful permanent resident of the United States, can request access to records about yourself, request that CEQ amend or correct those records, or request that CEQ inform you about how it has used those records.
§ 1516.2   What records does this part cover?
(a) This part covers any records about you that CEQ maintains in a system of records.
(b) A record is any item, collection, or grouping of information about you that contains your name or another piece of information that identifies you (for example, your social security number).
(c) CEQ maintains your record in a system of records if CEQ:
(1) Maintains, collects, uses, or disseminates the record as part of a larger group of records; and
(2) Organizes the group by individuals' names or by another piece of information that identifies individuals (such as their Social Security numbers).
§ 1516.3   When will CEQ disclose records about me?
CEQ will only disclose records about you that it maintains in system of records if:
(a) You or your authorized representative submit a request for your own records or agree in writing that CEQ may disclose the records to someone else;
(b) CEQ is making the disclosure as part of one of CEQ's routine uses of the records, which CEQ must have previously established in a written public notice; or
(c) The disclosure qualifies for one of the other exceptions described in section 3 of the Privacy Act, which you can find at 5 U.S.C. 552a(b).
§ 1516.4   How can I obtain access to CEQ's records about me?
(a) You can obtain access to CEQ's records about you by submitting a request by email to efoia@ceq.eop.gov. If you are not able to make your request by email, please contact CEQ's Office of the General Counsel for assistance by calling 202-395-5750.
(b) Your request must describe the records that you want, in enough detail to enable CEQ to locate them with a reasonable amount of effort.
(1) You should name or describe the system of records you want CEQ to search.
(2) If you are not sure which system of records you are interested in, you may request that CEQ inform you which of its systems of records, if any, contain records about you.
(c) To protect the privacy of your records, CEQ will require you to verify your identity before processing your request. CEQ may require you to:
(1) Provide a statement that contains your name, your current address, and your date and place of birth, and sign the statement before a notary public;
(2) Verify your identity using an electronic authentication process; or
(3) Supply additional information as necessary in order to verify your identity.
(d) CEQ may deny your request if:
(1) CEQ prepared the records you are seeking in reasonable anticipation of a civil action or proceeding (that is, a lawsuit or a similar proceeding); or
(2) The Privacy Act exempts the system containing your records from the requirement that CEQ provide those records upon request.
(e) If CEQ grants your request, you may arrange to review your records in person, obtain a copy from CEQ, or both. If you choose to review your records in person, you may choose one person to accompany you, except that CEQ may first require you to authorize CEQ to discuss your records in that person's presence.
(f) If CEQ denies your request in whole or in part, CEQ will give you the reason for its decision in writing and explain how you can challenge the denial.
§ 1516.5   How can I get information about how CEQ has used its records about me?
You can request information about how CEQ has used its records about you—called an “accounting of disclosures”—using the same procedures you would use to make a request for access to your records under § 1516.4.
§ 1516.6   How can I ask CEQ to correct my records?
(a) You can request that CEQ correct or update its records about you using the same procedures you would use to make a request for access to your records under § 1516.4.
(b) In your request, you must explain exactly what change you are requesting and point out specific pieces of information in your CEQ records that are inaccurate, irrelevant, outdated, or incomplete.
(c) CEQ will review your request, decide whether to grant or deny it, and inform you of the decision within 10 working days ( i.e., excepting Saturdays, Sundays, and Federal holidays).
(d) If CEQ denies your request, CEQ will give you the reason for its decision in writing and explain how you can appeal the denial.
§ 1516.7   How can I appeal CEQ's decision to deny my request to access or correct records about me?
(a) If CEQ denies your request to access or correct CEQ's records about you, you can appeal the decision using the same procedures you would use to make a request for access to your records under § 1516.4.
(b) In your appeal, you must include a copy of CEQ's decision denying your request and explain exactly why you believe the decision was wrong.
(c) The General Counsel of CEQ (or the General Counsel's designee) will review your appeal, decide whether to grant or deny it, and inform you of the decision within 30 working days. If it is necessary to extend the time for making a decision, the Chair of CEQ (or the Chair's designee) will explain why in writing.
(d) If CEQ's General Counsel (or designee) denies your appeal, you may provide CEQ with a concise statement that explains your disagreement with the decision, and you may bring a civil lawsuit against CEQ.
(1) If CEQ subsequently discloses the disputed record under § 1516.4, we will clearly identify the disputed portion of the record and attach a copy of your statement of disagreement.
(2) For more information about filing a civil lawsuit, see 5 U.S.C. 552a(g)(1).
§ 1516.8   Will CEQ charge me a fee for a copy of my records?
If you request a copy of CEQ's records about you, CEQ may charge you a fee of no more than 10 cents per page, which you must pay before CEQ provides you with a copy of your records.