TN 3 (12-03)

A. Introduction

An individual may appeal a decision made under the Privacy Act on a request for amendment or deletion of a record.

B. Policy

1. Authority

The Commissioner of Social Security or designee has authority to review a denial of a decision not to amend or delete a record.

2. Time Limit

• Agencies must respond to an appeal request within 30 days of receipt.

• With good cause, the Commissioner or designee may extend the time limit an additional 30 days.

• Notify the requester of the reason for the delay in processing the appeal and the date when we expect to issue a final decision.

3. Denial Upon Appeal

If the Commissioner or designee decides to affirm the denial to amend or delete the record exactly as requested, the response will advise the requester:

• that the request has been denied upon appeal;

• the reason for the denial;

• that he/she has a right to seek court review of the decision; and

• that he/she has a right to file with SSA a statement of disagreement with the decision (whether or not court review is sought).

4. Court Review

Individuals may appeal agency refusals to amend or correct a record by filing a civil action in a U.S. District Court.

C. Procedure

OPD will control and develop PA appeals and forward them to the Commissioner or designee for review. Send any such appeals to OPD. The address for the Privacy Officer and the Regional Privacy Coordinators is available on the OPD intranet site at http://sharepoint.ba.ssa.gov/ogc/intranet/FOIA_Coordinators.aspx.