publication of "Systems of Records Maintained by the Federal Deposit Insurance Corporation."

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.3 Procedures for requests pertaining to individual records in a system of records.

(a) Any present or former employee of the Corporation seeking access to his/her official Civil Service records maintained by the Corporation shall submit his/her request in such manner as is prescribed by the Civil Service Commission in Part 297 of its rules and regulations (5 CFR Part 297).

(b) Requests by individuals for access to records pertaining to them and maintained within one of the Corporation's designated systems of records should be submitted in writing to the Office of the Executive Secretary, Records Unit, Federal Deposit Insurance Corporation, Washington, DC 20429. Each such request should contain a reasonable description of the records sought, the system or systems in which such record may be contained, and any additional identifying information, as specified in the Corporation's FEDERAL REGISTER "Notice of Systems of Records" for that particular system, copies of which are available upon request from the Records Unit, Office of the Executive Secretary.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.4 Times, places, and requirements for identification of individuals making requests.

(a) Individuals may request access to records pertaining to themselves by submitting a written request as provided in § 310.3 of these regulations, or by appearing in person on weekdays, other than official holidays, at the Office of the Executive Secretary, Records Unit, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429, between the hours of 8:30 a.m. and 5 p.m.

(b) Individuals appearing in person at the Corporation seeking access to or amendment of their records shall pre

sent two forms of reasonable identifi cation, such as employment identifica tion cards, driver's licenses, or credit cards.

(c) Except for records that must b publicly disclosed pursuant to th Freedom of Information Act, 5 U.S.C 552, where the Corporation deter mines it to be necessary for the indi vidual's protection, a certification of duly commissioned notary public, any state or territory, attesting to th requesting individual's identity may b required before a written request seek ing access to or amendment of record will be honored.

[40 FR 46274, Oct. 6, 1975, as amended at 4 FR 6796, Feb. 4, 1977]

§ 310.5 Disclosure of requested informa tion to individuals.

(a) Except to the extent that Corpo ration records pertaining to an individ ual:

(1) Are exempt from disclosure under §§ 310.6 and 310.13 of this part

or

(2) Were compiled in reasonable an ticipation of a civil action or proceed ing, the Corporation will make su records available upon request for pu poses of inspection and copying by the individual (after proper identity verifi cation as provided in § 310.4) and upon the individual's request and writ ten authorization, by another person of the individual's own choosing.

(b) The Executive Secretary will notify, in writing, the individual making a request, whenever practica ble within ten business days following receipt of the request, whether any specified designated system of records maintained by the Corporation com tains a record pertaining to the indi vidual. Where such a record does exist the Executive Secretary also will inform the individual of the system manager's decision whether to grant or deny the request for access. In the event existing records are determined not to be disclosable, the notification will inform the individual of the rea sons for which disclosure will not be made and will provide a description of the individual's right to appeal the denial, as more fully set forth in § 310.9. Where access is to be granted

the notification will specify the procedures for verifying the individual's identity, as set forth in § 310.4.

(c) Individuals will be granted access to records disclosable under this Part 310 as soon as is practicable. The Executive Secretary will give written nocification of a reasonable period within which individuals may inspect disclosable records pertaining to themselves at the Office of the Executive Secretary during normal business hours. Alternatively, individuals granted access to records under this part may request that copies of such records be forwarded to them. Fees for copying such records will be assessed as provided in § 310.11.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.6 Special procedures: Medical records.

Medical records shall be disclosed on request to the individuals to whom they pertain, except, if in the judgment of the Corporation, the transmission of the medical information directly to the requesting individual could have an adverse effect upon such individual. In the event medical information is withheld from a requesting individual due to any possible adverse effect such information may have upon the individual, the Corporation shall transmit such information to a medical doctor named by the requesting individual.

$310.7 Request for amendment of record.

The Corporation will maintain all records it uses in making any determination about any individual with such accuracy, relevance, timeliness and completeness as is reasonably necessary to assure fairness to the individual in the determination. An individual may request that the Corporation amend any portion of a record pertaining to that individual which the Corporation maintains in a designated system of records. Such a request should be submitted in writing to the Office of the Executive Secretary, Records Unit, Federal Deposit Insurance Corporation, Washington, DC 20429 and should contain the individual's reason for requesting the amendment and a description of the record

(including the name of the appropriate designated system and category thereof) sufficient to enable the Corporation to identify the particular record or portion thereof with respect to which amendment is sought.

§ 310.8 Agency review of request for amendment of record.

(a) Requests by individuals for the amendment of records will be acknowledged by the Executive Secretary of the Corporation, and referred to the system manager of the system of records in which the record is contained for determination, within ten business days following receipt of such requests. Promptly thereafter, the Executive Secretary will notify the individual of the system manager's decision to grant or deny the request to amend.

(b) If the system manager denies a request to amend a record, the notification of such denial shall contain the reason for the denial and a description of the individual's right to appeal the denial as more fully set forth in § 310.9.

[40 FR 46274, Oct. 6, 1975, as amended at 42 FR 6796, Feb. 4, 1977]

§ 310.9 Appeal of adverse initial agency determination on access or amend

ment.

(a) A system manager's denial of an individual's request for access to or amendment of a record pertaining to him/her may be appealed in writing to the Corporation's General Counsel (or designee) within 30 business days following receipt of notification of the denial. Such an appeal should be addressed to the Office of the Executive Secretary, FDIC, 550 17th Street NW., Washington, DC 20429, and contain all the information specified for requests for access in § 310.3 or for initial requests to amend in § 310.7, as well as any other additional information the individual deems relevant for the consideration by the General Counsel (or designee) of the appeal.

(b) The General Counsel (or designee) will normally make a final determination with respect to an appeal made under this part within 30 business days following receipt by the Office of the Executive Secretary of

the appeal. The General Counsel (or designee) may, however, extend this 30-day time period for good cause. Where such an extension is required, the individual making the appeal will be notified of the reason for the extension and the expected date upon which a final decision will be given.

(c) If the General Counsel (or designee) affirms the initial denial of a request for access or to amend, he or she will inform the individual affected of the decision, the reason therefor, and the right of judicial review of the decision. In addition, as pertains to a request for amendment, the individual may at that point submit to the Corporation a concise statement setting forth his or her reasons for disagreeing with the Corporation's refusal to amend.

(d) The General Counsel (or designee) may on his or her own motion refer an appeal to the Board of Directors for a determination, and the Board of Directors on its own motion may consider an appeal.

[52 FR 34290, Sept. 10, 1987]

§ 310.10 Disclosure of record to person other than the individual to whom it pertains.

(a) Except as provided in paragraph (b) of this section, the Corporation will not disclose any record contained in a designated system of records to any person or agency except with the prior written consent of the individual to whom the record pertains.

(b) The restrictions on disclosure in paragraph (a) of this section do not apply to any of the following disclo

sures:

(1) To those officers and employees of the Corporation who have a need for the record in the performance of their duties;

(2) Which is required under the Freedom of Information Act (5 U.S.C. 552);

(3) For a routine use listed with respect to a designated system of records;

(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of Title 13 of the United States Code;

(5) To a recipient who has provide: the Corporation with advance ade quate written assurance that th record will be used solely as a statist cal research or reporting record, an the record is to be transferred in form that is not individually identifi ble;

(6) To the National Archives of th United States as a record which ha sufficient historical or other value warrant its continued preservation: the United States Government, or in evaluation by the Administrator : General Services or his designee to termine whether the record has su value;

(7) To another agency or to an: strumentality of any governmental: risdiction within or under the contr of the United States for a civil criminal law enforcement activity the activity is authorized by law, a if the head of the agency or inst mentality has made a written reque to the Corporation specifying the pa ticular portion desired and the law ɛ forcement activity for which record is sought;

(8) To a person pursuant to a sho ing of compelling circumstances ! fecting the health or safety of an in vidual if, upon such disclosure, not cation is transmitted to the last kno address of such individual;

(9) To either House of Congress. : to the extent of matter within its risdiction, any committee or subc mittee thereof, any joint committee. Congress or subcommittee of any su joint committee;

(10) To the Comptroller General any of his authorized representativ in the course of the performance the duties of the General Account: Office; or

(11) Pursuant to the order of a co of competent jurisdiction.

(c) Any statement of disagreeme with the Corporation's refusal amend, filed with the Corporation: an individual pursuant to § 310.9 will be included in the disclosure any records under authority of på graph (b) of this section. The Corpo tion may in its discretion also incl a copy of a concise statement of reasons for not making the request amendment.

(d) The Corporation will adhere to the following procedures in the case of disclosure of any record pursuant to the authority of paragraphs (b)(3) through (b)(11) of this section.

(1) The Corporation will keep a record of the date, nature and purpose of each such disclosure, as well as the name and address of the person or agency to whom such disclosure is -made; and

=(2) The Corporation will retain and, with the exception of disclosures made pursuant to paragraph (b)(7) of this section, make available to the individual named in the record for the greater of five years or the life of the record all material compiled under paragraph (d)(1) of this section with respect to disclosure of such record.

(e) Whenever a record which has been disclosed by the Corporation inder authority of paragraph (b) of his section is, within a reasonable mount of time after such disclosure, either amended by the Corporation or the subject of a statement of disagreenent, the Corporation will transmit uch additional information to any Derson or agency to whom the record vas disclosed, if such disclosure was ubject to the accounting requirenents of paragraph (d)(1) of this secion.

310.11 Fees.

The Corporation, upon a request for ecords disclosable pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), hall charge a fee of $0.10 per page for uplicating, except as follows:

(a) If the Corporation determines hat it can grant access to a record nly by providing a copy of the record, O fee will be charged for providing he first copy of the record or any porion thereof;

(b) Whenever the aggregate fees omputed under this section do not xceed $2 for any one request, the fee ill be deemed waived by the Corporaion; or

(c) Whenever the Corporation deterines that a reduction or waiver is arranted, it may reduce or waive any Ees imposed for furnishing requested - formation pursuant to this section.

§ 310.12 Penalties.

Subsection (i)(3) of the Privacy Act of 1974 (5 U.S.C. 552a(i)(3)) imposes criminal penalties for obtaining Corporation records on individuals under false pretenses. The subsection provides as follows: "Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000." § 310.13 Exemptions.

The following systems of records are exempt from §§ 310.3 through 310.9 and § 310.10(d)(2) of these rules:

(a) Investigatory material compiled for law enforcement purposes in the following system of records is exempt from §§ 310.3 through 310.9 and § 310.10(d)(2) of these rules; Provided, however, That if any individual is denied any right, privilege or benefit to which he/she would otherwise be entitled under Federal law, or for which he/she would otherwise be eligible, as a result of the maintenance of such material, such material shall be disclosed to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence: "30-64-0002"-Financial institutions investigative and enforcement records system.

(b) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Corporation employment to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Corporation under an express promise that the identity of the source would be held in confidence, or, prior to September 27, 1975, under an implied promise that the identity of the source would be held in confidence, in the following system of records, is exempt from §§ 310.3 through 310.9 and § 310.10(d)(2) of these rules:

"30-64-0001"-Attorney-legal internal applicant system.

(c) Testing or examination material used solely to determine or assess individual qualifications for appointment or promotion in the Corporation's service, the disclosure of which would compromise the objectivity or fairness of the testing, evaluation, or examination process in the following system of records, is exempt from §§ 310.3 through 310.9 and § 310.10(d)(2) of these rules:

"30-64-0009"-Examiner training and education records.

[42 FR 6797, Feb. 4, 1977, as amended at 42 FR 33720, July 1, 1977; 52 FR 34209, Sept. 10, 1987; 53 FR 7340, Mar. 8, 1988]

Corporation and includes any committee or subdivision of the Board authorized to act on behalf of the Corporation, but does not include any standing or special committee (such as the Board of Review, the Board of Review (Mergers), or the Committee on Liqui dations, Loans and Purchases of Assets) which has been or may be created by the Board of Directors but whose membership consists primarily of Corporation employees, including not more than one Board member.

(b) "Meeting" means the deliberations (including those conducted by conference telephone call, or by any other method) of at least two members where such deliberations determine or result in the joint conduct or disposition of agency business but does not include:

determine

(1) Deliberations to whether meetings will be open or closed or whether information pertaining to closed meetings will be withheld;

(2) Informal background discussions among Board members and staff which clarify issues and expose vary. ing views;

(3) Infrequent decisionmaking by circulating written material to individual Board members;

(4) Sessions with individuals from outside the Corporation where Board members listen to a presentation and may elicit additional information.

(c) "Member" means a member of the Board.

(d) "Open to public observation" and "open to the public" mean that individuals may witness the meeting, but not participate in the deliberations. The meeting may be recorded, photographed, or otherwise reproduced if the reproduction does not disturb the meeting.

(e) "Public announcement" and "publicly announce" mean making reasonable effort under the particular circumstances of each case to fully inform the public. This may include posting notice on the Corporation's public notice bulletin board main tained in the lobby of its offices locat ed at 550 17th Street, NW., Washington, DC 20429, issuing a press release and employing other methods of noti