1.25—Accounting of disclosures.
(a) Accounting of certain disclosures.
Each component, with respect
to each system of records under its control, shall:
(1)
Keep an accurate accounting of: (i) The date, nature, and purpose of each
disclosure of a record to any person or to an agency made under 5 U.S.C. 552a (b) and § 1.24; and (ii) the name and address of the person or agency
to whom the disclosure is made;
(2)
Retain the accounting made under paragraph (a)(1) of this section for at least
five years or the life of the record, whichever is longer, after the disclosure for
which the accounting is made; and
(3)
Inform any person or other agency about any correction or notation of dispute
made by the constitutent unit in accordance with 5 U.S.C. 552a (d) and § 1.28 of any
record that has been disclosed to the person or agency if an accounting of the
disclosure was made. (See 5 U.S.C. 552(c).)
(b) Accounting systems.
To permit the accounting required by
paragraph (a) of this section, system managers, with the approval of the head of
their offices within a component, shall establish or implement, a system of
accounting for all disclosures of records, either orally or in writing, made outside
the Department of the Treasury. Accounting records shall:
(1)
Be established in the least expensive and most convenient form that will permit
the system manager to advise individuals, promptly upon request, what records
concerning them have been disclosed and to whom:
(2)
Provide, as a minimum, the identification of the particular record disclosed,
the name and address of the person or agency to whom or to whom or to which
disclosed, and the date, nature and purpose of the disclosure; and
(3)
Be maintained for 5 years or until the record is destroyed or transferred to
the National Archives and Records Service for storage in records centers, in which
event, the accounting pertaining to those records, unless maintained separately,
shall be transferred with the records themselves.
(1)
To those officers and employees of the Department of the Treasury who have a
need for the record in the performance of their duties; or
(d) Access to accounting by individual.
(1)
Subject to paragraphs (c)
and (d)(2) of this section, each component shall establish and set forth in the
appendix to this subpart applicable to the component, procedures for making the
accounting required under paragraph (a) of this section available to the individual
to whom the record pertains and shall thereafter make such accounting available in
accordance therewith at the request of the individual. The procedures may require
the requester to provide reasonable identification.
(2)
Access accountings of disclosure may be withheld from the individual named in
the record only if the disclosures were (i) made under 5 U.S.C. 552a (b)(7) and §
1.24 (a)(7), or (ii) under a system of records exempted from the requirements of 5
U.S.C. 552a(c)(3) in accordance with 5 U.S.C. 552 (j) or (k) and § 1.23(c). (See 5
U.S.C. 552a(c) )