Records not subject to correction

Certain records are not subject to correction or amendment under 71.10. The regulation specifically lists:

• Transcripts of testimony given under oath or written statements made under oath (71.10(a)).
• Transcripts or decisions that are the official record of grand jury, administrative, judicial, or quasi-judicial proceedings (71.10(b)).
• Records that have been formally exempted from correction under 5 U.S.C. 552a(j) or 552a(k) by rulemaking under the Administrative Procedure Act (71.10(c)).

These examples are introduced with “include, but are not limited to,” so other similar records may also be covered by the same rule (71.10).

No; transcripts of testimony given under oath and written statements made under oath are not subject to correction or amendment under 71.10(a).

This provision treats sworn testimony and sworn written statements as records that cannot be altered once they are the official transcript or statement (71.10(a)).

No; transcripts or decisions that constitute the official record of grand jury, administrative, judicial, or quasi-judicial proceedings are not subject to correction or amendment under 71.10(b).

That means the official record of those proceedings is preserved as-is for correction purposes and is excluded from the Privacy Act correction process (71.10(b)).

It means that a record is not subject to amendment if it has been formally exempted through rulemaking under the specified provisions of the Privacy Act, and such exempted records are covered by 71.10(c).

Specifically, 71.10(c) references exemptions established under 5 U.S.C. 552a(j) and 552a(k) that must be created through notice-and-comment rulemaking under the Administrative Procedure Act; those exempted records are excluded from the Privacy Act correction requirements.

No; the phrase means the listed record types are examples and not an exhaustive list of records that may be excluded from correction under 71.10.

The regulation uses that wording to indicate other records with similar characteristics could also be deemed not subject to correction, beyond the specific examples in 71.10(a)–(c).

The provision is part of the Privacy Act rules and addresses which records are not subject to correction or amendment under the Privacy Act framework (71 and 71.10).

While 71.10 speaks to the Privacy Act correction process, it does not by itself prescribe how other statutes or rules outside the Privacy Act handle records; consult the specific statute or agency policy when another law may apply.

Yes; deposition transcripts that are transcripts of testimony given under oath are not subject to correction under 71.10(a).

Because deposition testimony is sworn testimony, it is included in the category of records listed as not subject to amendment in 71.10(a).

No; administrative hearing transcripts or decisions that are the official record of the proceeding are not subject to correction or amendment under 71.10(b).

That means challenges to the accuracy of the official record of such proceedings are not addressed through the Privacy Act correction process described by 71.10(b).

Yes; 71.10(c) refers only to records that have been "duly exempted" by rulemaking under the Administrative Procedure Act, which implies the exemption must be established through formal rulemaking procedures.

Because the provision ties noncorrectability to exemptions created by rulemaking, agencies must use the proper rulemaking process to invoke those statutory exemptions for records to be excluded from correction under 71.10(c).

Yes; transcripts of testimony given under oath are listed as not subject to correction under 71.10(a), so the provision excludes such transcripts from the Privacy Act correction process even if errors are identified.

If there are concerns about accuracy, the regulation sets these transcripts outside the standard correction mechanism described in 71.10(a).

Records that are the official transcript or decision of judicial or quasi-judicial proceedings are listed as not subject to correction under 71.10(b).

The regulation specifically excludes those official records of proceedings from the Privacy Act correction process, per 71.10(b).

Written statements made under oath are expressly listed as not subject to correction or amendment under 71.10(a).

Therefore, agencies should treat such sworn written statements as records that cannot be altered through the Privacy Act correction process described in 71.10(a).

The provision in 71.10 specifically addresses correction or amendment of records and does not itself change other Privacy Act rules about use or disclosure; it simply states which records are not subject to correction.

For questions about use or disclosure, refer to the broader Privacy Act provisions in 71 and agency-specific policies, keeping in mind that 71.10 clarifies only the correction/amendment exclusion.