§ 146.8 Amendment of a record. ( a ) Any individual may request amendment of information pertaining to them which is contained in a system of records maintained by the Commission and which is filed under their name or other individual identifier if they believe the information is not accurate, relevant, timely or complete. A request for amendment shall be directed to the FOIA compliance staff at the Commission's Washington, DC headquarters.
( b ) A request for amendment may be made by mail or in person and shall: ( 1 ) Be in writing and signed by the person making the request;
( 2 ) describe the particular record to be amended with sufficient specificity to permit the record to be located among those maintained by the Commission; and
( 3 ) specify the nature of the amendment sought and the justification for the requested change. The person making the request may be required to provide the information specified in §§ 146.3 and 146.4 of these rules in order to simplify identification of the record and permit verification of the identity of the person making the request for amendment.
( c ) Receipt of a request for amendment will be acknowledged in writing within ten days (excluding Saturdays, Sundays, and legal public holidays) except that, if the individual is given notice within the ten day period that his request will or will not be complied with, no acknowledgement is required.
( d ) Assistance in preparing a request to amend a record may be obtained from the Chief Privacy Officer at the Commission's Washington, DC headquarters.
( e ) Upon receipt of a request for amendment the General Council of the Commission or a person designated by the Executive Director shall promptly determine whether the record is materially inaccurate, incomplete, misleading, or is irrelevant or not timely, as claimed by the individual, and, if so, shall cause the record to be amended in accordance with the individual's request.
( f ) If the General Council or designee grants the request to amend the record, the individual shall promptly be advised of the decision and of the action taken, and notice shall be given of the correction and its substance to each person or agency to whom the record had previously been disclosed, as shown on the record of disclosures maintained in accordance with § 146.6(c).
( g ) If the General Council or designee disagrees in whole or in part with a request for amendment of a record, the individual shall promptly be notified of the complete or partial denial of his request and the reasons for the refusal. The individual shall also be notified of the procedures for administrative review by the Commission of any complete or partial denial of a request for amendment, which are set forth in § 146.9.
( h ) If a request is received for amendment of a record prepared by another agency which is in the possession or control of the Commission, the request for amendment will be forwarded to that agency. If that agency determines that the correction should be made, the Commission will amend its records accordingly and notify the individual making the request for amendment of the change. If the other agency declines to make the amendment, the General Coouncil or designee will independently determine whether the amendment will be made to the record in the Commission's possession or control, considering any explanation given by the other agency for its decision.
[41 FR 3211, Jan. 21, 1976, as amended at 41 FR 28261, July 9, 1976; 60 FR 49335, Sept. 25, 1995; 89 FR 71818, Sept. 4, 2024]