D.C. Mun. Regs. tit. 6, r. 6-B3111

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 6-B3111 - PROCEDURE FOR DISCLOSURE OF INFORMATION

3111.1

When the Office of Personnel or an Independent Personnel Authority receives requests for information under the Freedom of Information Regulations of the District of Columbia, it shall provide or disclose the requested information promptly, subject to the following conditions:

(a) The request reasonably describes the information sought.

(b) The request is submitted according to the procedures specified in section 3117 of this chapter.

(c) Any applicable fees for records search, copying, printed matter, or computer services have been paid or waived as specified in the Freedom of Information Regulations of the District of Columbia.

(d) Disclosure of the information is permitted by this chapter.

3111.2

If disclosure of the requested information is subject to a restriction or prohibition specified in this chapter, the Office of Personnel or Independent Personnel Authority shall so inform the requester and shall not disclose the information except as provided in this chapter.

3111.3

If part of the requested information is exempt from disclosure and part is not, the Office of Personnel or an Independent Personnel Authority shall disclose reasonably segregable portions of the material after deleting exempt portions.

3111.4

The Office of Personnel or Independent Personnel Authority shall not disclose a record from a system of personnel records without obtaining the prior written consent of the data subject, except as provided in this chapter.

3111.5

Upon written consent of the employee, information from the employee's personnel record may be disclosed, but only to the extent that the information would be available to the employee under this chapter.

3111.6

The Office of Personnel, Independent Personnel Authorities, and agencies may disclose information from a system of personnel records without the prior consent of the data subject, when such disclosure is--

(a) The record of a deceased data subject;

(b) To an official of the D.C. Government who has a need for the record in the performance of his or her duties and who is a "personnel authority" as defined in section 3102 of this chapter;

(c) To an official of the D.C. or Federal Government who is a "law enforcement authority" as defined in section 3102 of this chapter;

(d) Required under subsections 3113.1 and 3113.3 through 3113.5 of this chapter;

(e) To a parent of a minor data subject, or the legal guardian of a data subject, under sections 3114 through 3121 below;

(f) To the Bureau of the Census or other agency authorized by the Office of Personnel or Independent Personnel Authority for purposes of planning or carrying out a census or survey or related activity;

(g) To a recipient who has provided the Office of Personnel or Independent Personnel Authority with advance adequate written assurance that a record will be used solely as a statistical, research, or reporting record and the record is to be transferred in a form that is not individually identifiable. Assurance shall include--

(1) A statement of the purpose for requesting the records; and

(2) Certification that the records will be used only for statistical purposes;

(h) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its evaluation by the Administrator of General Services or his or her designee to determine whether the record has such value;

(i) To a person pursuant to a showing of compelling circumstances affecting the health and safety of an individual (not necessarily the data subject). Upon such disclosure, the data subject shall be notified in writing of the disclosure. This requirement is met. when notification is transmitted to the last known address of the data subject;

(j) Pursuant to the order or subpoena of a court of competent jurisdiction; or

(k) Determined by the head of the Office of Personnel or an Independent Personnel Authority to be a necessary and proper disclosure and not a clearly unwarranted invasion of personal privacy.

3111.7

Information from the personnel record of a deceased employee may be disclosed unless it pertains to someone other than the data subject and disclosure would be a clearly unwarranted invasion of the living person's privacy, or should otherwise be withheld under law or regulation.

3111.8

All disclosures from a system of personnel records shall be accounted for by keeping a written record of the disclosure as specified in this subsection, except for disclosure from the record of a deceased data subject, disclosure to personnel authorities and law enforcement authorities as defined in section 3102 of this chapter, and disclosure under the Freedom of Information Act, which consists of those listed in subsections 3113.1 through 3113.5 of this chapter.

3111.9

Whenever an accounting of disclosure is required, the accounting shall include--

(a) The description of the record disclosed;

(b) The name, position title, and address of the person to whom the disclosure was made;

(c) The method and purpose of disclosure;

(d) The name and position title of the person making the disclosure; and

(e) The date of the disclosure of the record.

3111.10

The Office of Personnel or Independent Personnel Authority shall record the accounting of disclosure and shall retain this accounting for at least three years or the life of the record, whichever is longer. This accounting of disclosure may be maintained either in the record itself or elsewhere, in a manner that permits an accurate and complete response to any proper request for an accounting of all disclosures made.

3111.11

An individual may request access to the accounting of the disclosure of the individual's personnel record, and the custodian of the record shall respond within ten (10) working days with the information in the disclosure accounting record.

D.C. Mun. Regs. tit. 6, r. 6-B3111

Final Rulemaking published at 28 DCR 4288 (October 2, 1981)