Citations:

5 U.S.C. 552a(d) (Privacy Act)

20 CFR, Part 401 (Regulation No. 1)

45 CFR, Part 5 (HHS disclosure

regulation)

BASIC (09-91)

A. Introduction

This subchapter concerns requests made by individuals which fall under the provisions of the PA for correction or amendment of personal  records/information maintained by SSA.

B. Policy - General

Requests by individuals to have their record corrected or amended supplement SSA's efforts to maintain acceptable systems of records.

Most requests for changes to SSA records are subject to the administrative appeals procedures of the Administrative Procedure Act (APA) and Subpart J of SSA Regulations No. 4. Such requests are handled pursuant to instructions in GN 03100.000. The provisions of the PA are not intended to give individuals administrative or judicial review rights that are otherwise adequately provided for in the Social Security Act, regulations, and the APA.

SSA also has administrative procedures by which records may be updated for changes in name, address, etc. Such procedures will be followed rather than those in the PA.

All other requests for correction or amendment (which should be rare) will be handled under the PA correction procedures.

1. Example - Privacy Act Request

EXAMPLE — Privacy Act Correction or Amendment Request

An individual wants to revoke assignment of his or her Social Security Number or disagrees with a medical report contained in his or her record.

2. Example - Non-Privacy Act Request

EXAMPLE — Non-Privacy Act Correction or Amendment Request

An individual protests an age determination, a determination that he or she is not disabled or entitled to benefits, a determination that a legal relationship does not exist, or that support requirements are not met.

C. Policy - Privacy Act Requirements

The PA requires Federal agencies to:

• Review an individual's record or any portion of the record that the individual believes is not accurate, relevant, timely, or complete.

• Correct the record promptly by amending or deleting information that is not appropriate (see GN 03345.005); or

• Inform the individual promptly of the refusal of his or her request for change in the record, and the procedure for having the decision reviewed (see GN 03345.015).

D. References

Administration, GN 03360.000ff

SSA Privacy Act Notices of Systems of Records Index (the Blue Book)