§ 297.401 Conditions of disclosure

5 CFR 297.401An official or employee of the Office or agency should not disclose a record retrieved from a Governmentwide system of records to any person, another agency, or other entity without the express written consent of the subject individual unless disclosure is—

5 CFR 297.401(a)(a) To officers or employees of the Office who have a need for the information in the performance of their duties.

5 CFR 297.401(b)(b) Required by the provisions of the Freedom of Information Act.

5 CFR 297.401(c)(c) For a routine use as published in the Federal Register.

5 CFR 297.401(d)(d) To the Bureau of the Census for uses pursuant to title 13 of the United States Code.

5 CFR 297.401(e)(1)(e)(1) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record. The record will be transferred in a form that is not individually identifiable. The written statement should include as a minimum:

5 CFR 297.401(e)(1)(i)(i) A statement of the purpose for requesting the records; and

5 CFR 297.401(e)(1)(ii)(ii) Certification that the records will be used only for statistical purposes.

5 CFR 297.401(e)(2)(2) These written statements should be maintained as records. In addition to deleting personal identifying information from records released for statistical purposes, the system manager will reasonably ensure that the identity of the individual cannot be deduced by combining various statistical records.

5 CFR 297.401(f)(f) To the National Archives of the United States as a record that has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or his or her designee to determine whether the record has such value.

5 CFR 297.401(g)(g) To another agency or instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality or his designated representative has made a written request to the Office or agency that maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought.

5 CFR 297.401(h)(h) To a person showing compelling circumstances affecting the health and safety of an individual, not necessarily the individual to whom the record pertains. Upon such disclosure, a notification should be sent to the last known address of the subject individual.

5 CFR 297.401(i)(i) To the Congress or to a Congressional committee, subcommittee, or joint committee to the extent that the subject matter falls within its established jurisdiction.

5 CFR 297.401(j)(j) To the Comptroller General or any authorized representatives of the Comptroller General in the course of the performance of the duties of the General Accounting Office.

5 CFR 297.401(k)(k) Pursuant to the order of a court of competent jurisdiction.

5 CFR 297.401(l)(l) To a consumer reporting agency in accordance with section 3711 (f) of title 31 of the United States Code.