5 C.F.R. § 1302.5

Current through November 30, 2024
Section 1302.5 - Requests for an amendment or correction
(a)Requirement for written requests. If you want to amend a record that pertains to you in a system of records maintained by OMB, you must submit your request in writing following the procedures established in this section unless the system manager waives the requirements in this section. OMB is not required to amend records that are not subject to the Privacy Act of 1974. However, individuals who believe that such records are inaccurate may bring this to the attention of OMB.
(b)Procedures.
(1) You should address your request to amend a record in a system of records to the system manager. You should include the name of the system and a brief description of the record proposed for amendment. If the request to amend the record is the result of you gaining access to the record in accordance with the provisions concerning access to records as set forth in § 1302.2 , you may attach a copy of previous correspondence between you and OMB instead of providing a separate description of the record.
(2) If a requester cannot determine where within OMB to send the Privacy Act request to amend a record, the requester may send by mail or delivery to Privacy Officer, Office of Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 20503 or by electronic means as described on OMB's privacy program web page: www.whitehouse.gov/omb/privacy. OMB will forward the request to the component(s) it believes most likely to have the relevant records. For the quickest possible handling, the requester should specify "Privacy Act Record Amendment Request" on the letter.
(3) You must validate your identity as described in § 1302.2(e) . If OMB has previously verified your identity pursuant to § 1302.2(e) , further verification of identity is not required as long as the communication does not suggest that a need for verification is present.
(4) You should clearly indicate the exact portion of the record you seek to have amended. If possible, you should also propose alternative language, or at a minimum, identify the facts that you believe are not accurate, relevant, timely, or complete, with such particularity as to permit OMB not only to understand the basis for your request, but also to make an appropriate amendment to the record.
(5) Your request must also state why you believe your record is not accurate, relevant, timely, or complete. The burden of persuading OMB to amend a record will be upon you. You must furnish sufficient facts to persuade the official in charge of the system of the inaccuracy, irrelevancy, timeliness, or incompleteness of the record.
(6) OMB will not categorically reject incomplete or inaccurate requests. OMB will ask you to clarify the request as needed.
(c)OMB action on the request.
(1) OMB will acknowledge, in writing, receipt of a request to amend a record within 10 business days (i.e., excluding Saturdays, Sundays, and legal Federal holidays) of OMB's receipt.
(2) OMB will promptly respond to a Privacy Act request for amendment or correction. OMB ordinarily will respond to Privacy Act requests for amendment or correction according to their order of receipt. Consistent with OMB's FOIA procedures at 5 CFR 1303.40(b) , OMB may designate multiple processing tracks that distinguish between simple and more complex Privacy Act requests for amendment or correction, based on the estimated amount of work or time needed to process the request. The response reflecting the decision upon a request for amendment will include the following:
(i) The decision of OMB whether to grant in whole, or deny any part of, the request to amend the record;
(ii) The reasons for the determination for any portion of the request which is denied; and
(iii) A description of the procedure by which the OMB decision to deny your request may be appealed, including the name and address of the official with whom you may lodge such an appeal.

5 C.F.R. §1302.5

89 FR 48822 , 7/10/2024