Law

§ 16.32

28 CFR Ch. I (7–1–10 Edition)

arrest charge, and the disposition of
the arrest if known to the FBI. All arrest data included in an identification
record are obtained from fingerprint
submissions, disposition reports, and
other reports submitted by agencies
having criminal justice responsibilities. Therefore, the FBI Criminal Justice Information Services Division is
not the source of the arrest data reflected on an identification record.
[Order No. 2258–99, 64 FR 52226, Sept. 28, 1999]

§ 16.32 Procedure to obtain an identification record.
The subject of an identification
record may obtain a copy thereof by
submitting a written request via the
U.S. mails directly to the FBI, Criminal
Justice
Information
Services
(CJIS) Division, ATTN: SCU, Mod. D–2,
1000 Custer Hollow Road, Clarksburg,
WV 26306. Such request must be accompanied by satisfactory proof of identity, which shall consist of name, date
and place of birth and a set of rolledinked fingerprint impressions placed
upon fingerprint cards or forms commonly utilized for applicant or law enforcement purposes by law enforcement
agencies.

jdjones on DSK8KYBLC1PROD with CFR

[Order No. 1134–86, 51 FR 16677, May 6, 1986, as
amended by Order No. 2258–99, 64 FR 52226,
Sept. 28, 1999]

§ 16.33 Fee for production of identification record.
Each written request for production
of an identification record must be accompanied by a fee of $18 in the form of
a certified check or money order, payable to the Treasury of the United
States. This fee is established pursuant
to the provisions of 31 U.S.C. 9701 and is
based upon the clerical time beyond
the first quarter hour to be spent in
searching for, identifying, and reproducing each identification record requested as specified in § 16.10. Any request for waiver of the fee shall accompany the original request for the identification record and shall include a
claim and proof of indigency. Subject
to applicable laws, regulations, and directions of the Attorney General of the
United States, the Director of the FBI
may from time to time determine and
establish a revised fee amount to be assessed under this authority. Notice re-

lating to revised fee amounts shall be
published in the FEDERAL REGISTER.
[Order No. 1943–94, 60 FR 38, Jan. 3, 1995, as
amended by Order No. 2258–99, 64 FR 52226,
Sept. 28, 1999]

§ 16.34 Procedure to obtain change,
correction or updating of identification records.
If, after reviewing his/her identification record, the subject thereof believes that it is incorrect or incomplete
in any respect and wishes changes, corrections or updating of the alleged deficiency, he/she should make application
directly to the agency which contributed the questioned information. The
subject of a record may also direct his/
her challenge as to the accuracy or
completeness of any entry on his/her
record to the FBI, Criminal Justice Information Services (CJIS) Division,
ATTN: SCU, Mod. D–2, 1000 Custer Hollow Road, Clarksburg, WV 26306. The
FBI will then forward the challenge to
the agency which submitted the data
requesting that agency to verify or correct the challenged entry. Upon the receipt of an official communication directly from the agency which contributed the original information, the FBI
CJIS Division will make any changes
necessary in accordance with the information supplied by that agency.
[Order No. 1134–86, 51 FR 16677, May 6, 1986, as
amended by Order No. 2258–99, 64 FR 52226,
Sept. 28, 1999]

Subpart D—Protection of Privacy
and Access to Individual
Records Under the Privacy
Act of 1974
SOURCE: Order No. 2156–98, 63 FR 29600,
June 1, 1998, unless otherwise noted.

§ 16.40 General provisions.
(a) Purpose and scope. This subpart
contains the rules that the Department
of Justice follows under the Privacy
Act of 1974, 5 U.S.C. 552a. These rules
should be read together with the Privacy Act, which provides additional information about records maintained on
individuals. The rules in this subpart
apply to all records in systems of
records maintained by the Department
that are retrieved by an individual’s

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