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MSPB's Privacy Act Regulations
The Privacy Act of 1974
 E-Government Act of 2002 Privacy: Submit a Request for Records

  What Privacy Act protected records does MSPB have about me?
 How do I request  information about myself?
  How do I make a  Privacy Act amendment request?
  How  do I request information about an appellant I represent?
 How do I request  an audio hearing file or a transcript?
   Can  I appeal the response to my Privacy Act request?
   How  do I make a routine use request?**What Privacy Act protected records does MSPB have about me?**The Board's appellate records are maintained in a system of records  subject to the Privacy Act of 1974.  MSPB  has published System  of Records Notices (SORN) for its system of records.  These records are related to  MSPB's adjudicatory process and customarily include all of the parties'  pleadings – the written submissions that set out their claims, allegations,  arguments, and evidence – as well as verbatim hearing records and the notices,  orders, and decisions issued by the MSPB.  These records may contain  correspondence related to the specific cases, status letters, and requests for  access to records.  Access to these records is provided in accordance with the Freedom of Information Act (FOIA) and the Privacy Act.  The Board's regulations implementing these  statutes are at 5 C.F.R. Parts 1204 and 1205, respectively. **How do I request  information about myself?**The Privacy Act of 1974, 5 U.S.C. § 552a, provides U.S. citizens or  permanent resident aliens with a right of access to information concerning them  that is maintained by any agency in the Executive Branch of the Federal  Government.  The Act also established controls over what personal  information the Federal Government collects and how it uses or discloses that  information. MSPB  publishes SORNs that identify its systems of records.
  MSPB’s regulations  at 5 C.F.R. part 1205 set forth the provisions and procedures for submitting a Privacy  Act or Privacy Act amendment request.  Under MSPB’s adjudicatory regulations at 5 C.F.R. part 1201, an appellant or their  representative may submit a request for a complete copy of or specific filings  in the appellant's MSPB appeal file.  See 5 C.F.R. § 1201.53.  For many  recent appeals, a complete copy of an appeal file may be viewed and downloaded  by the parties (appellants and active appellant or agency representatives)  through the e-Appeal Repository at https://e-appeal.mspb.gov/.  If your  entire appeal file is not available electronically through e-Appeal, or you do  not wish to use the e-Appeal Repository to access your file, you may submit a  written request for a copy of your appeal file by email to records@mspb.gov; fax to (202)  653-7130; or mail to the Office of the Clerk of the Board, Attn: Privacy Act  Requests, U.S. Merit Systems Protection Board, 1615 M Street, NW, Washington,  DC 20419.  Please include the  docket number(s), if possible.  Please also specify in your request whether  you desire an electronic or paper copy of the case file or particular case file  submissions.If you are seeking records on yourself, you are required to verify your  identity. See 5 C.F.R. § 1205.13.  This  verification allows MSPB to protect your privacy and ensure that private  information about you is not disclosed inappropriately to someone else.   Whenever you request information about yourself you will be asked to  provide 1) your address and phone number at the time you filed your MSPB  matter, and 2) your current address.  When you submit your request,  you must provide your full name and you must also:  (1) have your  signature on your request letter witnessed by a notary, or (2) include the  following statement immediately above the signature on your request letter:   "I declare under penalty of perjury that the foregoing is true and  correct.  Executed on [date]."   Please be aware that we require a live (actual) signature.If someone is requesting records on your behalf (a third-party request), that requester must submit the same information above in addition to your express written consent for MSPB to release your information.  Your consent must include the third-party requester’s full name and contact information, and clearly state what information you wish MSPB to release to the requester.  If you or a third party on your behalf requests information about you and does not follow these procedures, your request cannot be processed.The Privacy Act allows MSPB to assess fees to recover the Government’s cost for  duplicating its records.  If the Board determines that the duplication  costs will exceed $100, we will contact you for your consent to the charges  before providing the records.  To avoid this delay, indicate in your  request the maximum amount of fees that you are willing to pay for the  records.  The Board will contact you before exceeding that amount.**How do I make a  Privacy Act amendment request?**The Privacy Act also allows individuals to submit a request for an “amendment”  of a record.  Individuals who know or suspect that information maintained  about them in an MSPB system of records is inaccurate, irrelevant, untimely, or  incomplete may request that MSPB correct or amend the information.  Only  factual information about an individual is subject to correction or amendment;  MSPB’s provisions at 5 C.F.R. part 1205 are not intended to permit the alteration of evidence presented  in the course of adjudication before MSPB either before or after MSPB has  rendered a decision on the appeal.  See 77 Fed Reg. 65206.   Additionally, the Privacy Act does not grant a right to individuals to appeal  adjudicatory rulings or determinations made by MSPB concerning them; instead,  the Board’s regulations at 5 C.F.R. part 1201 provide options within the adjudicatory framework for individuals  who disagree with rulings in their appeals.A Privacy Act amendment or correction request must also verify the requester’s  identity (see above) and should include:  a statement that the request is  made pursuant to the Privacy Act; a detailed description of the information to  which the request pertains; and a written statement explaining why the  requester believes that the information in question is not accurate, relevant,  timely, or complete.  A Privacy Act amendment request and the verification  of identity should be sent by email to records@mspb.gov; fax to (202)  653-7130; or mail to the Office of the Clerk of the Board, Attn: Privacy Act  Requests, U.S. Merit Systems Protection Board, 1615 M Street, NW, Washington,  DC 20419.**How  do I request information about an appellant I represent?**If you currently represent an appellant or are newly representing an appellant  during ongoing proceedings (initial appeal, petition for review, or  litigation), you must file a designation of representative in accordance with  the Board’s regulations at 5 C.F.R. § 1201.31.  (You may use MSPB’s Designation  of Representative form available on our  website).  Once your designation of representative is processed by MSPB,  you can access the appellant’s case file through the e-Appeal Repository.   For general questions regarding e-Appeal or filing a designation of  representative, please contact the appropriate regional or field office or send an email to mspb@mspb.gov.If you represent an appellant after the conclusion of MSPB proceedings, or you  need copies of pleadings not available through the e-Appeal Repository, you  must submit a Privacy Act request on behalf of your client.  Please send  an email to records@mspb.gov with your full name and contact information, and explaining that  you represent an appellant and that you request a copy of their case file.  Please include the MSPB docket number(s), if  possible.  Please specify in your request whether you desire an electronic  or paper copy of the case file or particular case file submissions.  You  also must include your client’s verification of identity and consent to release  information to you as specified above.  This allows MSPB to protect the  appellant’s privacy and ensure that private information about them is not  disclosed inappropriately to someone else.**How do I request  an audio hearing file or a transcript?**Most MSPB case files do not contain a transcript.  Rather, the audio file  of the hearing, typically prepared by a court reporter, is deemed the official  record of the hearing. 5 C.F.R. § 1201.53(a).Case Party Requests for Hearing Files:If you are an active case party (appellant, appellant’s representative,  or agency representative) requesting an audio hearing file in your case, you  may be able to access the hearing audio files for recent cases through the  e-Appeal Repository.  Please note that  while the hearing audio files are available for streaming, they are not  available for download at this time.  You may request a copy of the  hearing CD by sending an email to records@mspb.gov.For a copy of a transcript, if neither party has previously ordered a  transcript, then you need to contact the court reporter for the hearing.   You can obtain the court reporter’s information by calling the regional  or field office where the case was adjudicated.  The party requesting the  transcript bears the cost.  If one of the  parties (or the administrative judge) previously ordered a transcript, and MSPB  received a courtesy copy of the transcript, it should be visible on the index  in the e-Appeal Repository under that docket number. If it is visible on  the index but is not available for download, please email records@mspb.gov and request a copy.Third-party Requests for Hearing Files:
    If you are not a case party (appellant,  appellant’s representative, or agency representative) and would like to request  a copy of the hearing file, please submit a FOIA request by using the  procedures provided here. 5  C.F.R. § 1204.2(c).  Entities or organizations who require a copy  of a hearing file may qualify for access to a hearing file if there is a  routine use permitting release without consent.  MSPB/GOVT – 1, Appeals and Case  Records, 77 Fed. Reg. 65206 (Oct. 25, 2012).   More information about routine use requests is below.**Can  I appeal the response to my Privacy Act request?**You may file an administrative appeal if you are not satisfied with MSPB’s  initial response to your Privacy Act request.  You will be advised of your  right to file an administrative appeal in the initial response.  All  appeals must be made in writing and addressed to the Chairman of the MSPB.   Appeals may be submitted via email to records@mspb.gov; fax to (202) 653-7130; or by mail to:  Chairman, U.S. Merit  Systems Protection Board, 1615 M Street,  NW, Washington, DC 20419.  The appeal must be postmarked (or in the case  of electronic submissions, transmitted) within **90  days** after the  date of the initial response.There is no specific form or particular language needed to file an  administrative appeal.  You should include the tracking number assigned to  your initial request, a copy of your initial request, and MSPB’s initial response.   You should explain what specific action you are appealing, such as MSPB's  denial of access (in whole or in part) to requested information; a  determination that the requested records do not exist; or a denial of a fee  waiver request.**How  do I make a routine use request?**On occasion, Executive Branch departments and agencies, courts, or other  entities need access to or a copy of an MSPB appeal file.  As explained  above, usage of MSPB’s appeals and case records is governed by MSPB’s System of  Records Notice (SORN).  See 77 Fed Reg. 65206.  The MSPB's SORN contains a list of routine uses, including  categories of users and the purposes of such uses, for records in this  system.  A request by an agency, court, or other entity for access to or a  copy of an appeal file pursuant to a routine use must be submitted in writing, *describe  the routine use that applies for the requested disclosure*, and  identify the responsible person acting on behalf of the relevant entity.   Requests may be sent via email to records@mspb.gov; fax to (202) 653-7130; or mail to the Office of the Clerk of the Board,  U.S. Merit Systems Protection Board, 1615 M Street, NW, Washington, DC  20419.


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