TITLE 10: ENERGY

CHAPTER XVII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

PART 1705—PRIVACY ACT

Contents

§1705.01 Scope.

§1705.02 Definitions.

§1705.03 Systems of records notification.

§1705.04 Requests by persons for access to their own records.

§1705.05 Processing of requests.

§1705.06 Appeals from access denials.

§1705.07 Requests for correction of records.

§1705.08 Appeals from correction denials.

§1705.09 Disclosure of records to third parties.

§1705.10 Fees.

§1705.11 Exemptions.

AUTHORITY: 5 U.S.C. 552a(f). 

SOURCE: 56 FR 47144, Sept. 18, 1991, unless otherwise noted. 

§1705.01 Scope.

This part contains the Board's regulations implementing the Privacy Act of 1974, Public Law 93-

579, 5 U.S.C. 552a.

§1705.02 Definitions.

The following terms used in these regulations are defined in the Privacy Act, 5 U.S.C. 552a(a): 

agency, individual, maintain, record, system of records, statistical record, and routine use. The 

Board's use of these terms conforms with the statutory definitions. References in this part to “the 

Act” refer to the Privacy Act of 1974.

§1705.03 Systems of records notification.

(a) Public notice. The Board has published in the FEDERAL REGISTER its systems of records. The 

Office of the Federal Register biennially compiles and publishes all systems of records 

maintained by all Federal agencies, including the Board.
(b) Requests regarding record systems. Any person who wishes to know whether a system of 

records contains a record pertaining to him or her may file a request in person or in writing. 

Written requests should be directed to: Privacy Act Officer, Defense Nuclear Facilities Safety 

Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. Telephone requests should 

be made by calling the Board at 202-208-6400, and asking to speak to the Privacy Act Officer.

§1705.04 Requests by persons for access to their own 

records.

(a) Requests in writing. A person may request access to his or her own records in writing by 

addressing a letter to: Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana 

Avenue, NW., suite 700, Washington, DC 20004. The request should contain the following 

information: 

(1) Full name, address, and telephone number of requester,

(2) Proof of identification, which should be a copy of one of the following: Valid driver's license, 

valid passport, or other current identification which contains both an address and picture of the 

requester,

(3) The system of records in which the desired information is contained, and 

(4) At the requester's option, authorization for copying expenses (see §1705.10 below).

(b) Requests in person. Any person may examine his or her own records on the Board's premises. 

To do so, the person should call the Board's offices at 202-208-6400 and ask to speak to the 

Privacy Act Officer. This call should be made at least two weeks prior to the time the requester 

would like to see the records. During this call, the requester should be prepared to provide the 

same information as that listed in paragraph (a) of this section, except for proof of identification.

§1705.05 Processing of requests.

(a) Requests in writing. The Privacy Act Officer will acknowledge receipt of the request within 

five working days of its receipt in the Board's offices. The acknowledgment will advise the 

requester if any additional information is needed to process the request. Within fifteen working 

days of receipt of the request, the Privacy Act Officer will provide the requested information or 

will explain to the requester why additional time is needed for response.

(b) Requests in person. Following the initial call from the requester, the Privacy Act Officer will 

determine (1) whether the records identified by the requester exist, and (2) whether they are 

subject to any exemption under §1705.11 below. If the records exist and are not subject to 

exemption, the Privacy Act Officer will call the requester and arrange an appointment at a 

mutually agreeable time when the records can be examined. The requester may be accompanied 

by one person of his or her own choosing, and should state during this call whether or not a 
second individual will be present at the appointment. At the appointment, the requester will be 

asked to present identification as stated in §1705.04(a)(2).

(c) Excluded information. If a request is received for information compiled in reasonable 

anticipation of litigation, the Privacy Act Officer will inform the requester that this information 

is not subject to release under the Privacy Act (see 5 U.S.C. 552a(d)(5)).

§1705.06 Appeals from access denials.

When access to records has been denied by the Privacy Act Officer, the requester may file an 

appeal in writing. This appeal should be directed to The Chairman, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW., suite 700, Washington, DC 20004. The appeal letter 

must (a) specify those denied records which are still sought, and (b) state why the denial by the 

Privacy Act Officer is erroneous. The Chairman or his designee will respond to such appeals 

within twenty working days after the appeal letter has been received in the Board's offices. The 

appeal determination will explain the basis for continuing to deny access to any requested 

records.

§1705.07 Requests for correction of records.

(a) Correction requests. Any person is entitled to request correction of a record pertaining to him 

or her. This request must be made in writing and should be addressed to Privacy Act Officer, 

Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 

20004. The letter should clearly identify the corrections desired. An edited copy of the record 

will usually be acceptable for this purpose.

(b) Initial response. Receipt of a correction request will be acknowledged by the Privacy Act 

Officer in writing within five working days of receipt of the request. The Privacy Act Officer 

will endeavor to provide a letter to the requester within thirty working days stating whether or 

not the request for correction has been granted or denied. If the Privacy Act Officer decides to 

deny any portion of the correction request, the reasons for the denial will be provided to the 

requester.

§1705.08 Appeals from correction denials.

(a) When amendment of records has been denied by the Privacy Act Officer, the requester may 

file an appeal in writing. This appeal should be directed to The Chairman, Defense Nuclear 

Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The 

appeal letter must (1) specify the records subject to the appeal, and (2) state why the denial of 

amendment by the Privacy Act Officer is erroneous. The Chairman or his designee will respond 

to such appeals within thirty working days (subject to extension by the Chairman for good cause) 

after the appeal letter has been received in the Board's offices.

(b) The appeal determination, if adverse to the requester in any respect, will: (1) Explain the 

basis for denying amendment of the specified records, (2) inform the requester that he or she 
may file a concise statement setting forth reasons for disagreeing with the Chairman's 

determination, and (3) inform the requester of his or her right to pursue a judicial remedy under 5 

U.S.C. 552a(g)(1)(A).

§1705.09 Disclosure of records to third parties.

Records subject to the Privacy Act that are requested by any person other than the individual to 

whom they pertain will not be made available except in the following circumstances:

(a) Their release is required under the Freedom of Information Act in accordance with the 

Board's FOIA regulations, 10 CFR part 1703; 

(b) Prior consent for disclosure is obtained in writing from the individual to whom the records 

pertain; or 

(c) Release is authorized by 5 U.S.C. 552a(b) (1) or (3) through (11).

§1705.10 Fees.

A fee will not be charged for search or review of requested records, or for correction of records. 

When a request is made for copies of records, a copying fee will be charged at the same rate 

established for FOIA requests. See 10 CFR 1703.107. However, the first 100 pages of copying 

§1705.11 Exemptions.

Pursuant to 5 U.S.C. 552a(k), the Board has determined that system of records DNFSB-3, “Drug 

Testing Program Records,” is partially exempt from 5 U.S.C. 552(a)(c)(3), (d), (e)(1), (e)(4)(G), 

(H), (I), and (f). The exemption pertains to portions of these records which would identify 

persons supplying information on drug abuse by Board employees or contractors.

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