NCJ Number
45030
Date Published
1977
Length
28 pages
Annotation
PROCEDURES FOR INSPECTING AND CHALLENGING THE CONTENTS OF PERSONAL RECORDS HELD BY FEDERAL AGENCIES, CREDIT AGENCIES, AND EDUCATIONAL INSTITUTIONS ARE OUTLINED.
Abstract
UNDER THE FAIR CREDIT REPORTING ACT OF 1971, CONSUMERS WERE GRANTED ACCESS TO THEIR FILES HELD BY CONSUMER REPORTING AGENCIES (CREDIT BUREAUS AND INVESTIGATIVE AGENCIES). AMONG THE RIGHTS OF CONSUMERS ARE: (1) THE RIGHT TO ASK FIRMS IF THEY HAVE A FILE ON YOU; (2) ACCESS MUST BE GRANTED UPON PROPER REQUEST AND IDENTIFICATION; (3) THE RIGHT TO KNOW WHICH BUSINESSES HAVE BEEN GIVEN COPIES OF YOUR FILE; AND (4) THE RIGHT TO AMEND OR CHANGE INCORRECT INFORMATION IN THE FILE. THE RIGHTS OF STUDENT AND OF PARENTS OF STUDENTS ARE GUARANTEED UNDER THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974, OR MORE COMMONLY, THE BUCKLEY AMENDMENT. SEVERAL POINTS INCLUDED BY THIS BILL ARE (1) THE DENIAL OF FEDERAL FUNDS TO AN INSTITUTION WHICH VIOLATES THE BILL; (2) A STUDENT (OR PARENT, IF THE STUDENT IS 13 UNDER AGE 18) MAY HAVE ACCESS TO EDUCATION RECORDS WITHIN 45 DAYS OF THE REQUEST; (3) AMENDMENTS MAY BE REQUESTED AS WELL AS A HEARING IF THE REQUEST IS DENIED, AND AN EXPLANATORY NOTE MAY BE ADDED TO THE FILE IF THE RESULTS OF THE HEARING ARE UNFAVORABLE; AND (4) 'DIRECTORY INFORMATION' MAY BE MADE PUBLIC WITH THE PRIOR APPROVAL OF THE STUDENT. FEDERAL AGENCIES' DISCLOSURE OF FILES ARE COVERED BY THE PRIVACY ACT OF 1974 AND THE FREEDOM OF INFORMATION ACT. THE GREATEST DIFFICULTY WITH THE FEDERAL AGENCIES IS IN DETERMINING WHO ACTUALLY HOLDS THE FILES AND WHERE TO GET THEM. A LIST OF THE MAJOR AGENCIES IS INCLUDED, WITH SPECIAL INSTRUCTIONS AS TO WHICH TYPES OF FILES ARE HELD BY EACH AGENCY. A LETTER REQUESTING ACCESS TO THESE FILES SHOULD BE SENT TO THE PROPER AUTHORITY. APPEALS FOR AMENDMENT MAY BE MADE. THE AUTHORS CONCLUDE THAT THIS BROCHURE IS INTENDED TO BE AN AID, NOT AN AUTHORITATIVE REFERENCE, AND THAT CONSUMER RIGHTS MUST BE EXERCISED. (BAC)