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OSHA 71.11

Emergency privacy disclosures

Subpart A

15 Questions & Answers

Questions & Answers

Under 71.11, when must an agency notify an individual after an emergency disclosure of their record?

The agency must notify the individual in writing within 10 working days after the emergency disclosure. Under 71.11 the notice must be sent to the individual's last known address and the officer who made or authorized the disclosure is responsible for providing that notification.

Under 71.11, what four items must the written notification include after an emergency disclosure?

The written notice must state the nature of the information disclosed, the person or agency to whom it was disclosed, the date of disclosure, and the compelling circumstances justifying the disclosure. This is exactly what 71.11 requires the notice to include.

Under 71.11, who is responsible for sending the notification after a disclosure made under compelling circumstances?

The officer who made or authorized the disclosure is responsible for providing the written notification. 71.11 explicitly assigns responsibility to that officer.

Under 71.11, to what address must the written notification be sent after an emergency disclosure?

The notice must be sent to the individual's last known address. 71.11 specifies delivery to the person's last known address as the required destination for the written notice.

Under 71.11, what kind of disclosures trigger the notification requirement?

Disclosures made under compelling circumstances affecting the health or safety of any person, as described in 5 U.S.C. 552a(b)(8), trigger the notification requirement. 71.11 frames the rule specifically around disclosures made under that emergency exception.

Under 71.11, does the statute require the notice to be in writing or are verbal notices acceptable?

The statute requires the notice to be in writing. 71.11 explicitly states that the notice shall be in writing.

Under 71.11, must the notice explain the "compelling circumstances" that justified the disclosure?

Yes—the notice must state the compelling circumstances that justified the disclosure. 71.11 requires the notice to include those circumstances so the individual understands why the emergency disclosure occurred.

Under 71.11, if an agency sends the written notice to the last known address within 10 working days, has the agency complied even if the individual never receives it?

Yes—sending the written notice to the individual's last known address within 10 working days satisfies the requirement in 71.11. The regulation requires notice to the last known address; it does not add an obligation to guarantee delivery beyond that.

Under 71.11, can notification be delayed beyond 10 working days if the emergency is ongoing?

No—71.11 requires notification within 10 working days and does not provide an explicit exception for ongoing emergencies. The officer who made or authorized the disclosure is responsible for meeting that 10-working-day deadline.

Under 71.11, does the rule require notification to anyone other than the individual whose record was disclosed (for example next of kin)?

No—the rule requires notification to the individual to whom the record pertains at his or her last known address. 71.11 specifies the recipient as the individual, not third parties.

Under 71.11, when a disclosure is made under 5 U.S.C. 552a(b)(8), does the provision apply to records about more than one person?

Yes—the requirement applies to any individual whose record was disclosed under the emergency exception; each affected individual must be notified at his or her last known address within 10 working days. 71.11 sets the notification duty to the individual whose record was disclosed.

Under 71.11, what is meant by the term 'working days' for the 10-day notification period?

The statute uses the term '10 working days,' which means business days (excluding weekends and federal holidays) for counting the notification period. 71.11 employs that phrase to set the deadline; agencies normally count weekdays and exclude official holidays when applying such timeframes.

Under 71.11, does the officer who made the disclosure have to document that the written notice was sent?

While 71.11 makes the officer who made or authorized the disclosure responsible for providing the written notice, the provision itself does not prescribe specific internal recordkeeping steps. The officer must ensure the notice is provided within 10 working days, but additional documentation practices are not mandated by this section.

Under 71.11, can an agency provide additional information in the notice beyond the four required items?

Yes—an agency may include additional relevant information, but at minimum the notice must state the nature of the information disclosed, the person or agency to whom it was disclosed, the date of disclosure, and the compelling circumstances justifying the disclosure. 71.11 sets those four required elements but does not forbid adding helpful context.

Under 71.11, does the emergency disclosure notification requirement apply to disclosures made to other federal agencies as well as private parties?

Yes—the notification requirement applies whenever an individual's record is disclosed under the emergency exception in 5 U.S.C. 552a(b)(8), regardless of whether the recipient is another federal agency or a private party. 71.11 requires notice when a record has been disclosed under those compelling circumstances.