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e-CFR data is current as of August 10, 2020

Title 12Chapter IISubchapter APart 261a → Subpart A


Title 12: Banks and Banking
PART 261a—RULES REGARDING ACCESS TO PERSONAL INFORMATION UNDER THE PRIVACY ACT 1974


Subpart A—General Provisions


Contents
§261a.1   Authority, purpose and scope.
§261a.2   Definitions.
§261a.3   Custodian of records; delegations of authority.
§261a.4   Fees.

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§261a.1   Authority, purpose and scope.

(a) Authority. This part is issued by the Board of Governors of the Federal Reserve System (the Board) pursuant to the Privacy Act of 1974 (5 U.S.C. 552a).

(b) Purpose and scope. This part implements the provisions of the Privacy Act of 1974 with regard to the maintenance, protection, disclosure, and amendment of records contained within systems of records maintained by the Board. It sets forth the procedures for requests for access to, or amendment of, records concerning individuals that are contained in systems of records maintained by the Board.

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§261a.2   Definitions.

For purposes of this part, the following definitions apply:

(a) Business day means any day except Saturday, Sunday or a legal Federal holiday.

(b) Guardian means the parent of a minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction.

(c) Individual means a natural person who is either a citizen of the United States or an alien lawfully admitted for permanent residence.

(d) Maintain includes maintain, collect, use, or disseminate.

(e) Record means any item, collection, or grouping of information about an individual maintained by the Board that contains the individual's name or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint, voice print, or photograph.

(f) Routine use means, with respect to disclosure of a record, the use of such record for a purpose that is compatible with the purpose for which it was collected or created.

(g) System of records means a group of any records under the control of the Board from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(h) You means an individual making a request under the Privacy Act.

(i) We means the Board.

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§261a.3   Custodian of records; delegations of authority.

(a) Custodian of records. The Secretary of the Board is the official custodian of all Board records.

(b) Delegated authority of the Secretary. The Secretary of the Board is authorized to—

(1) Respond to requests for access to, accounting of, or amendment of records contained in a system of records, except for requests regarding systems of records maintained by the Board's Office of Inspector General (OIG);

(2) Approve the publication of new systems of records and amend existing systems of records, except those systems of records exempted pursuant to §261a.12(b), (c) and (d); and

(3) File any necessary reports related to the Privacy Act.

(c) Delegated authority of designee. Any action or determination required or permitted by this part to be done by the Secretary of the Board may be done by a Deputy or Associate Secretary or other responsible employee of the Board who has been duly designated for this purpose by the Secretary.

(d) Delegated authority of Inspector General. The Inspector General is authorized to respond to requests for access to, accounting of, or amendment of records contained in a system of records maintained by the OIG.

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§261a.4   Fees.

(a) Copies of records. We will provide you with copies of the records you request under §261a.5 of this part at the same cost we charge for duplication of records and/or production of computer output under the Board's Rules Regarding Availability of Information, 12 CFR Part 261.

(b) No fee. We will not charge you a fee if:

(1) Your total charges are less than $5, or

(2) You are a Board employee or former employee, or an applicant for employment with the Board, and you request records pertaining to you.

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