Requesting access to personal records

You must submit a written request either in person or by mail to the Privacy Officer at the OSHRC address listed in 2400.4(a).

• If you prefer, you may submit the request to the FOIA Disclosure Officer following the FOIA procedures in 2201.5(a); just be sure to identify it as a "Privacy Act Request" so it will be forwarded to the Privacy Officer.
• Include clear contact information so the agency can respond.

A notification request must specify the exact system of records you want checked, using the agency’s system-of-records notices published in the Federal Register as the reference, as required by 2400.4(a)(2).

• If you do not know the exact system name, give as much detail as possible (program name, time frame, types of records) to help the Privacy Officer locate the correct system.

You must describe the nature of the record sought, the approximate dates covered, and the system of records where you believe it is kept; also state whether you want to review the record in person or receive a copy by mail, per 2400.4(a)(3).

• If your description is insufficient to find the record, you will be promptly told what additional information is needed.

If you review in person, you should, if possible, present a government-issued photo ID such as a passport or driver’s license as specified in 2400.4(c)(1).

• Bringing a current photo ID helps speed identity verification and access to your records.

If requesting a record by mail, you should, if possible, provide your signature, address, date of birth, place of birth, and a photocopy of a government-issued photo ID (for example, a passport or driver’s license) as required by 2400.4(c)(2).

• These items let the Privacy Officer confirm your identity without an in-person visit.

If you cannot provide the listed identity documents, you may submit a sworn declaration under 28 U.S.C. 1746 affirming your identity and acknowledging penalties for false statements under 18 U.S.C. 1001, as allowed in 2400.4(c)(3).

• Use the exact statutory declaration language required by 28 U.S.C. 1746 and sign it under penalty of perjury.

A parent or guardian must establish both their own identity and the identity of the minor or incompetent person (as required in paragraph (c)) and show parentage or guardianship by furnishing a birth certificate showing parentage or a court order establishing guardianship, according to 2400.4(d).

• If you have a legal guardianship order, include a certified copy; if relying on birth certificate, include a copy that shows parentage.

Yes — you may be accompanied by another person of your choosing when you review your record in person, and both you and the accompanying person must sign the OSHRC form authorizing discussion of the record in that person's presence as described in 2400.4(e) and the accompanying signature requirement discussed in 2400.4(f).

• If you want someone else to review the record in your place, follow the agency’s identity and authorization procedures described in 2400.4(f)(2)(iv).

If it is impracticable to provide a copy, the Privacy Officer will notify you of that fact and inform you of the alternative procedures for reviewing the record described in 2400.4(c), as stated in 2400.4(f)(1)(i).

• The notice should explain why a copy cannot be provided and how you can inspect the record in person if appropriate.

If the Privacy Officer believes the copying cost is considerably higher than you anticipated, they must notify you of the estimated cost and ask whether you still want the copy, as required by 2400.4(f)(1)(ii).

• You can then confirm you still want the copy or withdraw/modify your request based on the cost estimate.

You will be told in writing the date the record will be available, the location and hours for inspection, the identity verification requirements, your right to be accompanied by someone, and your right to have another person review the record, as required by 2400.4(f)(2).

• The written notice will include the specific subitems listed in 2400.4(f)(2)(i)–(iv).

No — if you inspect the record without receiving a copy, you are not allowed to leave OSHRC premises with the record and must sign a statement identifying the specific record or category reviewed, as required by 2400.4(f)(3).

• If you need a copy to take away, request a mailed copy in your original access request so the agency can consider producing one.

The Privacy Officer must respond no later than 10 working days after receipt of your request, as stated in 2400.4.

• If the agency needs more information to identify the record, you should be promptly informed of what is needed; otherwise, expect a decision or notice within the 10 working-day period.

A denial will be sent to you in writing, signed by the Privacy Officer, and will explain the reasons for the denial and your rights to administrative appeal and later judicial review in U.S. district court, as required by 2400.4(g).

• Denials may be issued if the record does not exist, does not contain personal information about you, or is exempt from disclosure.

You should clearly identify your submission as a "Privacy Act Request" so that, if it is received by the FOIA Disclosure Officer, it will be forwarded to the Privacy Officer for processing as described in 2400.4(a).

• Failure to mark it may delay processing if the FOIA office treats it under FOIA procedures instead of the Privacy Act path.

It means you may authorize another person to review the record on your behalf, but the agency will require appropriate identity and authorization documentation and will follow the procedures described in 2400.4(f)(2)(iv).

• Expect to present signed authorization and identity documents for both you and the person reviewing the record, consistent with the identity-verification rules in 2400.4(c).

Yes — acceptable examples include a passport or a driver’s license, which are specifically cited in 2400.4(c)(2).

• If you cannot provide those exact documents, consider the sworn declaration option in 2400.4(c)(3).

If producing a mailed copy is impracticable, the Privacy Officer will notify you and explain the alternative procedures for reviewing the record (for example, an in-person review and identity verification), as described in 2400.4(f)(1)(i).

• The notice will explain why a copy cannot be given and how you can otherwise access the information.

The Privacy Officer will notify you of the estimated copying cost and must ascertain whether you still want the copy; the regulation requires your informed decision before proceeding, per 2400.4(f)(1)(ii).

• The agency’s notice should explain payment procedures or give you an opportunity to modify or withdraw the request based on cost.

You must establish guardianship with a court order or equivalent legal documentation; a temporary guardianship document that is court-issued should satisfy the requirement in 2400.4(d).

• Provide a certified copy of the court order or official document establishing your temporary guardianship along with identity verification for both parties as required in 2400.4(c).

The Privacy Officer will deny a request in writing if the requested record does not exist, does not contain personal information about you, or is exempt from disclosure, and the denial will explain the determining factors as required by 2400.4(g).

• The written denial must also explain your rights to administrative appeal and judicial review.