5 C.F.R. § 1830.5

Current through October 31, 2024
Section 1830.5 - Requirements for requesting amendment of records
(a)Submission of requests. Individuals may request amendment of records pertaining to them that are subject to amendment under the Privacy Act and this part. The request must be sent:
(1)By email to: foiarequest@osc.gov; or
(2)By mail to: Chief Privacy Officer, U.S. Office of Special Counsel, 1730 M Street NW, Suite 218, Washington, DC 20036-4505.
(3) Both the request letter and envelope or email should be clearly marked "Privacy Act Amendment Request." Whether sent by mail or email, a Privacy Act amendment request is considered received by OSC when it reaches the Chief Privacy Officer.
(b)Description of amendment sought. Requests for amendment should include the identification of the records together with a statement of the basis for the requested amendment and all available supporting documents and materials. The request needs to articulate whether information should be added, deleted, or substituted with another record and clearly articulate the reason for believing that the record should be corrected or amended.
(c)Proof of identity. Rules and procedures set forth in § 1830.3 apply to requests made under this section.
(d)Acknowledgement and response. Requests for amendment shall be acknowledged by OSC no later than ten (10) business days after receipt by the Chief Privacy Officer and a determination on the request shall be made promptly.
(e)What will not change. The Privacy Act amendment or correction process will not be used to alter, delete, or amend information which is part of a determination of fact or which is evidence received in the record of a claim in any form of an administrative appeal process. Disagreements with these determinations are to be resolved through the assigned OSC Program Office.
(f)Notice of error. If the record is wrong, OSC will correct it promptly. If wrong information was disclosed from the record, we will tell those of whom we are aware received that information that it was wrong and will give them the correct information. This will not be necessary if the change is not due to an error-e.g., a change of name or address.
(g)Record found to be correct. If the record is correct, OSC will inform the requestor in writing of the reason why we refuse to amend the record, the right to appeal the refusal, and the name and address of the official to whom the appeal should be sent.
(h)Record of another government agency. If you request OSC to correct or amend a record governed by the regulation of another government agency, we will forward your request to such government agency for processing and we will inform you in writing of the referral.

5 C.F.R. §1830.5

87 FR 63413 , 10/19/2022