reports and other appropriate information relating to such a bank or company are made available, upon request, by the Director of the Board's Division of Supervision and Regulation to the Comptroller of the Currency and the Federal Deposit Insurance Corporation, and by the appropriate Federal Reserve Bank to the Regional Comptroller of the Currency, the regional representative of the Federal Deposit Insurance Corporation and the State governmental authority having general supervision of such bank or company. Such reports and other information may be made available by the Board to other agencies of the United States for use where necessary in the performance of their official duties. All reports or other information made available pursuant to this paragraph shall remain the property of the Board and, except as otherwise provided in this part, no person, agency, or authority to whom the information is made available, or any officer, director, or employee thereof, shall disclose any such information except in published statistical material that does not disclose the affairs of any individual or corporation.

(b)(2) Notwithstanding any other provision of this Regulation, any Confidential Report of Operations (Form F.R. 2068) of a foreign banking organization may, upon written request to and approval by the Director of the Division of Banking Supervision and Regulation (or his delegee), and with the concurrence of the General Counsel (or his delegee), be made available for inspection to another bank supervisory authority having general supervision of any United States branch, agency, subsidiary bank or commercial lending company of the foreign banking organization, only for use where necessary in the performance of the official duties of such authority. These reports shall be made available for inspection by authorized persons only on Federal Reserve premises under the same procedures as apply to personnel of the Federal Reserve System. All reports made available under this paragraph shall remain the property of the Board; and no person, agency, or authority who obtains access to any such report, or any offi

cer, director, or employee thereof, shall publish, publicize, or otherwise disclose any information contained in the report to any person.

(c) Prohibition against disclosure. Except as provided in this part, no officer, employee, or agent of the Board or of any Federal Reserve Bank shall disclose or permit the disclosure of any unpublished information of the Board to anyone (other than an officer, employee, or agent of the Board or of a Federal Reserve Bank properly entitled to such information for the performance of his official duties), whether by giving out or furnishing such information or a copy thereof or by allowing any person to inspect or copy such information or copy thereof, or otherwise. Notwithstanding the foregoing, unpublished economic, statistical, or similar information or unpublished information regarding interpretations by the Board of statutory or regulatory provisions may be disclosed, orally or in writing, by any officer, employee, or agent of the Board or of any Federal Reserve Bank who has knowledge of the subject matter to any person who, in the judgment of such officer, employee, or agent, has a proper interest therein, subject, however, to the restrictions stated in § 261.5 and this § 261.6.

(d) Foreign banking organization confidential report of operations. It is the Board's policy that the confidentiality of a foreign banking organization's Confidential Report of Operations (Form F.R. 2068) should be maintained at all times. Except as provided in paragraph (b)(2) of this section, information submitted to the Board as part of any Confidential Report of Operations is not available for public inspection by any person other than an officer, employee, or agent of the Board or of a Federal Reserve Bank properly entitled to such information in the performance of such person's official duties. Any employee that violates this section by releasing such a Report to any unauthorized person may be subject to disciplinary action under 12 CFR 264.735-5 (Rules of Employee Responsibilities and Conduct).

16, July 1, 1967, as amended at 35 Nov. 4, 1970; 40 FR 7621, Feb. 21, FR 9386, Feb. 16, 1977; 42 FR b. 23, 1977; 47 FR 51096, Nov. 12,

-ubpoenas. vice by person served. If any whether or not an officer, emor agent of the Board or of a Reserve Bank, has informahe Board that may not be disnder this part and in connecrewith is served with a subpoeer, or other process requiring onal attendance as a witness or duction of documents or inforin any proceeding, he should y inform the Secretary of the of such service and of all relects, including the documents Formation requested and any hich may be of assistance to ard in determining whether cuments or information should e available; and he should take at the appropriate time to the court or tribunal that the process and the attorney e party at whose instance the ; was issued, if known, of the nce of these rules.

Appearance by person served. the Board has authorized dise of the relevant information, or as provided in 18 U.S.C. 1906, erson having information of the that may not be disclosed under art who is required to respond to oena or other legal process shall 1 at the time and place therein oned and decline to disclose such nation or gives any testimony espect thereto, basing his refus›n this part. If the court or other orders the disclosure of such intion or the giving of such testi, the person having such inforon of the Board shall continue to le to disclose such information hall promptly report the facts to Board for such action as the d may deem appropriate.

For the purposes of this part, the following definitions shall apply:

(a) The term "individual" means a natural person who is either a citizen of the United States or an alien lawfully admitted for permanent residence. The term "individual" includes the parent of any minor or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction.

(b) The term "maintain" also includes maintain, collect, use, disseminate, or control.

(c) The term "record" means any item, collection or grouping of information about an individual maintained by the Board that contains the individual's name, or the identifying number, symbol, or other identifying particular assigned to the individual.

(d) The term "system of records" means a group of any records under the control of the Board from which information is retrieved by the name of the individual or some identifying number, symbol, or other identifying particular assigned to the individual.

(e) The term "designated system of records" means a system of records that has been listed in the FEDERAL REGISTER pursuant to the requirements of 5 U.S.C. 552a(e).

(f) The term "routine use" means, with respect to disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.

(g) The term "business days" means all days except Saturdays, Sundays, and legal public holidays.

§ 261a.3 Procedures for requests pertaining to individual records in a record system.

(a) Requests for notification of the existence of or for access to personal information in a designated system of records may be made by the person to whom such information pertains. Every such request shall be made in writing and shall specify that it is made pursuant to the Privacy Act. Each request should identify the designated system of records in which the requested record is to be found, should reasonably describe the information requested and, except as provided in § 261a.4, should include a notarized statement attesting to the identity of the requestor.

(b) Requests made pursuant to paragraph (a) of this section shall be addressed to the Director of the Division of Personnel, Board of Governors of the Federal Reserve System, Washington, D.C. 20551, in the case of records relating to employment with the Board. Requests for other records should be addressed to the Secretary of the Board, Board of Governors of the Federal Reserve System, Washington, D.C. 20551. Requests for informa

tion pursuant to paragraph (a) of this section may also be made in person during regular business hours at the offices of the Board of Governors of the Federal Reserve System, Federal Reserve Building, 20th and Constitution Avenue, NW., Washington, D.C. 20551.

(c) An individual making a request pursuant to paragraph (a) of this section may also include in such request a request for the accounting required by section (c) of the Privacy Act, 5 U.S.C. 552a, of previous disclosures of records pertaining to such individual in a designated system of records.

(d) Every request made pursuant to this section will be acknowledged or, where practicable, substantially responded to within 10 business days from receipt.

§ 261a.4 Requirements for identification of individuals making requests.

(a) Each request for information made pursuant to § 261a.3 shall include a notarized statement attesting to the identity of the requestor except in the following instances:

(1) Where the information requested is otherwise publicly available under the Freedom of Information Act, 5 U.S.C. 552, and the Board's Rules Regarding Availability of Information (12 CFR Part 261).

(2) Where the requestor makes written request for information in person and presents a driver's license, birth certificate, employment identification card or other means of identification, sufficient to establish his identity.

(3) Where the request is only for notification of the existence of records in a designated system of records pertaining to the requestor.

§ 261a.5 Disclosure of requested information to individuals.

(a) Information requested pursuant to § 261a.3, except for that compiled in reasonable anticipation of a civil action or proceeding or otherwise exempted from disclosure as provided in § 261a.13, will be made available for inspection and copying during regular business hours at the Board's offices. However, where the requested information can be disclosed only by pro

ig a copy of the record, because record cannot reasonably be put a form for individual inspection , computer tapes), or where the retor may request that copies of reted information be forwarded, information will be mailed to the estor. Access to or copies of reted information will be promptly ided after the acknowledgment as ided in § 261a.3(c), unless good e for delay is communicated to requestor.

) Fees for copying such records be assessed in accordance with la.11.

The requestor of information be accompanied in the inspection discussion of that information by rson of the requestor's own choosupon the submission by the restor of a written and signed stateit authorizing the presence of such on.

a.6 Special records.

edical records requested pursuant 261a.3 will be disclosed to the restor unless the disclosure of such ords directly to the requestor could, he judgment of the official deemed ponsible for such records, have an erse effect upon the requestor. In n instance, such information will ransmitted to a licensed physician ned by the requestor.

la.7 Request for correction or amendment to record.

) Where an individual believes that portion of a record in a designated em of records used in making a demination about such individual is accurate, relevant, timely or comte, that individual may request that h record be amended or corrected. ch request should be submitted in ting to the appropriate officer as ignated in § 261a.3. Each request

amendment or correction of a ord should identify the system of ords containing the record for

ich amendment or correction is reested, specify the portion of that ord requested to be amended or corted, and describe the nature of and sons for each requested amendnt or correction. Additionally, each

sion of Personnel shall promptly review each request made pursuant to § 261a.7 in light of the criteria of accuracy, relevance, timeliness, completeness and necessity set forth in subsections (e)(1) and (e)(5) of the Privacy Act, 5 U.S.C. 552a.

(c) Upon completion of review of each request made pursuant to

§ 261a.7, the Secretary of the Board or the Director of the Division of Personnel shall immediately inform the requestor of the determination to grant or deny the requested amendment or correction.

(d) Where any request pursuant to § 261a.7 has been denied in whole or part, the requestor shall be advised of the reasons therefor, the procedure for appeal of the determination and the name, title and address of the official to whom such appeal should be directed.

§ 261a.9 Appeal of initial adverse determination on correction or amendment.

(a) A denial of a request made pursuant to § 261a.7 may be appealed to the Board of Governors or any official designated by the Chairman of the Board of Governors within 30 business days of issuance of notification of denial. Every such appeal should be

made in writing to the official designated in the letter of initial denial, should specify the previous background of the request and should provide reasons why the initial determination should be reversed.

(b) The Board of Governors or such official designated by the Chairman of the Board shall make a determination with respect to the review of such appeal not later than 30 business days from its receipt, unless the reviewing official extends such period for good cause shown.

(c) If the Board or designated official affirms the initial denial of a request to amend or correct made pursuant to § 261a.7, such determination shall be communicated to the requestor together with a statement of the reasons therefore and the requestor shall be informed of the right of judicial review of the determination. The requestor may then file a concise statement setting forth disagreement with the affirmation of denial within 30 days of notification of such determination and such statement shall be provided to persons or other agencies to whom the disputed record is disclosed.

§ 261a.10 Disclosure of record to person other than individual to whom it pertains.

(a) No record contained in a designated system of records shall be disclosed to any person or agency without the prior written consent of the inIdividual to whom the record pertains unless the disclosure is authorized by paragraph (b) of this section.

(b) The restrictions on disclosure in paragraph (a) of this section do not apply to any disclosure (1) to those officers and employees of the Board who have a need for the record in the performance of their duties; (2) that 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 provided the Board with advance adequate written assurance that the

record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable; (6) to the National Archives of the United States as a record that has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value; (7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Board specifying the particular portion desired and the law enforcement activity for which the record is sought; (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual; (9) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee; (10) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office; or (11) pursuant to the order of a court of competent jurisdiction.