TN 7 (04-19)
GN 03340.075 Access Request Denials and Privacy Act Appeals
The Privacy Act (PA) requires Federal agencies to tell an individual upon their request
if they are the subject of a record in one of the agency’s systems of records and
to permit the individual to inspect and copy the record. If, under the PA, we deny
a request for an individual’s access to their own record, the records of their minor
child, or those of a person to whom the individual serves as the legal guardian, we
must advise the individual in writing of the reason for that denial, the name and
title or position of the person responsible for the decision, and the individual’s
right to appeal that decision.
Appeals of the denial decision should be sent to the Executive Director for the Office
of Privacy and Disclosure, 6401 Security Boulevard, Baltimore, MD 21235-6401 within
30 days after the individual received notice from us denying all or part of their
request, or, if later, within 30 days after the individual received materials we sent
to them in partial compliance with their request.
EXCEPTION: The following situations—where procedural requirements to file a proper request have
not been met—do not constitute denial of a PA request that would require a denial
The individual cannot adequately prove his/her identity.
The individual has not complied with the special procedures for providing access to
medical records, when required.
The individual has not identified the name of the system of records from which he
or she is requesting information and the records to which he or she wishes to have
In these instances, provide a response to the individual that explains that they have
not made a proper request in accordance with 20 C.F.R. Part 401 and the steps that
must be taken to correct the deficiency in the request. Do not title or reference
this response as a “denial,” and do not offer appeal rights in this response.
Contact OPD for guidance in instances where a requester has not made a proper request
and the individual has threatened to sue the agency for access; the individual has
made multiple improper requests; or the individual otherwise is having difficulty
meeting agency procedural requirements and may be likely to sue the agency to obtain