BOP Program Statement 1351.05 § 21

is deemed to contain information exempt from disclosure, any non-exempt sections of the record shall be provided to the requester

after deletion of the exempt portions.

PS 1351.05

9/19/2002

Page 24

22. LIMITATIONS ON EMPLOYEE RIGHT TO ACCESS UNDER THE PRIVACY

ACT. Under Congressional authority granted to the Attorney

General by 5 U.S.C. § 552a(j) and (k), certain systems of records

listed at 28 CFR 16.97 and on Attachment C are exempt from access

under the Privacy Act of 1974.

Bureau records are also subject to the FOIA exemptions from

disclosure listed in 5 U.S.C. § 552(b).

23. DENIAL OF ACCESS AND NOTICE OF APPEAL RIGHTS. If a Privacy

Act request for records is denied in whole or in part, a denial

letter shall be issued and signed by the Director, or his or her

designee, and shall state the basis for denial under

28 CFR 513.32.

# A requestor who has been denied such access shall be advised

that he or she may appeal that decision to the U.S.

Department of Justice, Office of Information and Privacy,

(OIP) by filing a written appeal within 30 days of the

receipt of the denial.

# The appeal shall be marked on the face of the letter and the

envelope, "PRIVACY APPEAL - DENIAL OF ACCESS," and shall be

addressed to the:

Office of Information and Privacy

U.S. Department of Justice

Suite 570, Flag Building

Washington DC 20530

During the appeal, Bureau staff shall assist OIP staff in the

review of contested Bureau documents necessary to resolve the

appeal and/or litigation. This review may be coordinated by

FOIA/PA staff in the Office of General Counsel or Regional

Counsel.