D.C. Mun. Regs. tit. 6, r. 6-B3115

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

Rule 6-B3115 - IDENTIFICATION REQUIREMENTS FOR INQUIRIES AND REQUESTS FOR ACCESS

3115.1

Unless the information sought is required to be released under the Freedom of Information Act or other statute, the Office of Personnel or agency shall require proof of identity from a requester, and reserve the right to determine the adequacy of any such proof of identity before responding to a specific inquiry or request for access to a record in a system of records.

3115.2

The general identifying information items that a custodian of personnel records may ask to be furnished by the data subject before a specific inquiry is answered or access is granted include the following:

(a) Full name, signature, and home address.

(b) Date and place of birth.

(c) The current or last place and dates of District employment, if appropriate.

(d) Social Security Account Number (for systems of records retrieved by this identifier).

3115.3

A request/inquiry from someone other than the data subject involving data available only to the data subject shall contain copies of any document that establishes the relationship or authorizes access as follows:

(a) Where the requester is the parent or legal guardian of a data subject who is a minor, the requester shall identify the relationship with the data subject and furnish a certified or authenticated (e.g., notarized) copy of any document establishing parentage or appointment as legal guardian.

(b) Where the requester is the legal guardian of a data subject who has been declared incompetent by the courts, the requester shall identify the relationship with the data subject and furnish a certified or authenticated copy of the court's appointment of guardianship.

(c) Where the requester is a representative of the data subject, the requester shall identify the relationship with the data subject or the data subject's parent or legal guardian, and furnish documentation designating the representative as having authority to act on behalf of the data subject.

3115.4

When the requester appears in person and cannot be identified by sight and signature, proof of identity shall be required in the form of--

(a) A document bearing the individual's signature and photograph (for example: driver's license, passport, or military or civilian identification card); or

(b) Two documents bearing the individual's signature (for example: medicare card; unemployment insurance book; employer identification card; professional, craft, or union membership card).

3115.5

When a request is made by the parent, legal guardian, or authorized representative of the data subject, the means of identifying the requester, and his or her authority for acting on behalf of the subject, shall be as prescribed in subsection 3115.3 of this section. In addition, the requester shall establish the identity of the data subject in the manner prescribed in subsections 3115.1 and 3115.2 of this section.

3115.6

When a written inquiry or request is received from the data subject, or from the data subject's parent, legal guardian, or authorized representative, it shall be signed and--

(a) For an inquiry, contain sufficient identifying information about the data subject to permit searching of the record system(s) to permit response; and

(b) For a request--

(1) From the data subject, contain sufficient information to locate the record and establish that the requester and the data subject are the same (e.g., matching signatures); or

(2) From the data subject's parent, legal guardian or authorized representative, contain sufficient information to locate the record and match identity with the data subject, and such documentation of association or authorization as is prescribed in this section.

3115.7

The signed request from the data subject, or from the data subject's parent, legal guardian, or authorized representative specified in this subsection shall be sufficient proof of identity of the requester unless for good cause the custodian of the personnel records or his or her designee determines that there is a need to require some notarized or certified evidence of the identity of the requester.

3115.8

The custodian of the personnel records or his or her designee may modify the types of proof of identity required and the method by which it is provided, on a case-by-case basis and within the limits prescribed in this section.

3115.9

When provisions of this section are alleged to have the effect of impeding an individual in exercising rights of access, the Office of Personnel or the agency shall consider from the individual making the request reasonable alternative suggestions regarding proof of identity and authority for access to records.

D.C. Mun. Regs. tit. 6, r. 6-B3115

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