10.21—General.
Except to the extent that a system of records is exempt in accordance with subpart G of this part, the Department, with respect to each system of records:
(a)
Maintains in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the Department required to be accomplished by statute or by executive order of the President;
(b)
Collects information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, or privileges under Federal programs;
(c)
Informs each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual of:
(1)
The authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;
(3)
The routine uses, as published pursuant to paragraph (d)(4) of this section, which may be made of the information; and
(4)
The effects, if any, on the individual of not providing all or any part of the requested information;
(d)
Publishes in the Federal Register at least annually a notice of the existence and character of the system of records, including:
(4)
Each routine use of the records contained in the system, including the categories of users and the purpose of such use;
(5)
The policies and practices regarding storage, retrievability, access controls, retention, and disposal of the records;
(7)
The procedures whereby an individual can be notified upon request if the system of records contains a record pertaining to that individual;
(8)
The procedures whereby an individual can be notified upon request how to gain access to any record pertaining to that individual contained in the system of records, and how to contest its content; and
(e)
Maintains all records which are used in making any determination about any individual with such accuracy, relevancy, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination;
(f)
Prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to § 10.35(a)(2), makes reasonable efforts to assure that such records are accurate, complete, timely, and relevant for the Department's purposes;
(g)
Maintains no record describing how any individual exercises rights guaranteed by the First Amendment unless:
(2)
Expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;
(h)
Makes reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record.