Basic (09-91)

GN 03345.016 Privacy Act Appeal of Decision Not to Correct or Amend A Record - Policy

This section describes the Privacy Act appeal review when a subject individual requests further consideration of SSA's initial decision to refuse a request for correction or amendment of a record or information about him or her.

A. Timeframe

The Commissioner will advise the individual of the action taken on his or her appeal request within 30 days of receipt of the appeal. If additional time is required, the Commissioner will advise the individual in writing of the reasons for delay and the approximate date action is expected to be completed.

NOTE:Cases in which an appeal review is not completed within 30 days must be reported on SSA's Annual Report on Privacy (see AIMS Chapter 14.05).

B. Initial Decision Reversed

If the Commissioner decides to correct or amend the record as requested, the appropriate systems manager will change the record and advise the subject individual.

C. Initial Decision Unchanged

If the Commissioner decides not to correct or amend any portion of the record, the subject individual must be advised in writing of the:

  • Reason for refusing to correct or amend,

  • Individual's right to file a concise statement of his or her reasons for disagreeing with this decision and the procedures for filing this statement (see GN 03345.020),

  • Fact that any such statement filed by the individual will be made available to anyone to whom the record was previously disclosed (if SSA has a record of that disclosure) or to whom it will be subsequently disclosed, and

  • Individual's right to seek judicial review in a U.S. district court of the agency's refusal to correct or amend his or her record.

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GN 03345.016 - Privacy Act Appeal of Decision Not to Correct or Amend A Record - Policy - 09/19/1991
Batch run: 03/19/2010