§ 1008.9 Action in response to a request for access: initial denial of access.

(a) A request by an individual for information about or access to a record or information pertaining to that individual that is contained in a system of records may be denied only upon a determination by the appropriate System Manager, with the concurrence of the appropriate General Counsel, that: (1) The record is subject to an exemption under § 1008.12; (2) The record is information compiled in reasonable anticipation of a civil action or proceeding; or (3) The individual has unreasonably failed to comply with the procedural requirements of this part. (b) The Privacy Act Officer shall give written notice of the denial of a request of information about or access to records or information pertaining to the individual and contained in a system of records. Such written notice shall be sent by certified or registered mail, return receipt requested and shall include the following information: (1) The System Manager's name and title; (2) The reasons for the denial, including citation to the appropriate sections of the Privacy Act and this part; and (3) Notification of the individual's right to appeal the denial pursuant to § 1008.11 and to administrative and judicial review under 5 U.S.C. 552a(g)(1)(B), as limited by 552a(g)(5). (c) Nothing in this section shall: (1) Require the furnishing of information or records that are not retrieved by the name or by some other identifying number, symbol or identifying particular of the individual making the request; (2) Prevent a System Manager from waiving any exemption authorizing the denial of records, in accordance with § 1008.12.