INDIVIDUAL'S RIGHT OF AMENDMENT

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005445038
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 1
• Document Creation Date: June 24, 2015
• Document Release Date: March 24, 2010
• Case Number: F-2009-01592
• Publication Date: December 3, 2008

Privacy Act Overview, May 2004 Edition: Individual's Right of Amendment Page 1 of 1
OVERVIEW OF THE PRIVACY ACT OF 1974, 2004 EDITION
INDIVIDUAL'S RIGHT OF AMENDMENT
(1) An individual can request amendment of his own record. 5 U.S.C. ? 552a(d)(2).
(2) Ten "working" days after receipt of an amendment request, an agency must acknowledge it in
writing and promptly either:
(a) correct any information which the individual asserts is not accurate, relevant, timely, or
complete; or
(b) inform the individual of its refusal to amend in accordance with the request, the reason
for refusal, and the procedures for administrative appeal. 5 U.S.C. ? 552a(d)(2).
(3) The agency must permit an individual who disagrees with its refusal to amend his record to request
review of such refusal, and not later than 30 "working" days from the date the individual requests such
review, the agency must complete it. If the reviewing official also refuses to amend in accordance with
the request, the individual must be permitted to file with the agency a concise statement setting forth the
reasons for disagreement with the agency. 5 U.S.C. ? 552a(d)(3). The individual's statement of
disagreement must be included with any subsequent disclosure of the record. 5 U.S.C. ? 552a(d)(4). In
addition, where the agency has made prior disclosures of the record and an accounting of those
disclosures was made, the agency must inform the prior recipients of the record of any correction or
notation of dispute that concerns the disclosed record. 5 U.S.C. ? 552a(c)(4).
Comment:
For a discussion of subsections (d)(2)-(4), see OMB Guidelines, 40 Fed. Reg. 28,948, 28,958-60 (July 9,
1975). For a discussion of amendment lawsuits, see the section entitled "Civil Remedies," below. For
cases discussing statements of disagreement, see Strong v. OPM, No. 03-6195, 2004 WL 542168, at *3
(6th Cir. Mar. 16, 2004) ("As [plaintiff] remains free to supplement his file to disprove [the reference's]
opinion, OPM did not violate the Privacy Act by refusing to remove [the reference's] statement from
[plaintiffs] file."), and Gowan v. United States Dep't of the Air Force, 148 F.3d 1182, 1188-89 (10th
Cir. 1998) (concluding that although plaintiff "does not have a Privacy Act cause of action to require Air
Force to amend records or attach a statement of disagreement" to records maintained in a properly
exempt system of records, agency may "voluntarily comply" with the statement of disagreement
provision).
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Requirements
APPROVED FOR RELEASE^DATE:
03-04-2010
http://www.usdoj.gov/oip/1974indrigamend.htm 12/3/2008