C.F.R. » Title 39 » CHAPTER I—UNITED STATES POSTAL SERVICE › SUBCHAPTER D—ORGANIZATION AND ADMINISTRATION › PART 266—PRIVACY OF INFORMATION

39 C.F.R. § 266.6

Appeal procedure

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(a) Appeal procedure. (1) If a request for notification of or to inspect, copy, or amend a record is denied, in whole or in part, or if no determination is made within the period prescribed by this part, the requester may appeal to the General Counsel, U.S. Postal Service, 475 L'Enfant Plaza SW., Washington, DC 20260-1101.

(2) The requester must submit an appeal in writing within 90 days of the date of denial, or within 90 days of such request if the appeal is from a failure of the custodian to make a determination. The letter of appeal should include, as applicable:

(i) Reasonable identification of the record to which the requester sought notification, access, or amendment;

(ii) A statement of the Postal Service action or failure to act, and of the relief sought; and

(iii) A copy of the request, of the notification of denial, and of any other related correspondence, if any.

(3) Any record found on appeal to be incomplete, inaccurate, not relevant, or not timely, must be appropriately amended within 30 working days of the date of such findings.

(4) The decision of the General Counsel constitutes the final decision of the Postal Service on the right of the requester to be notified of; inspect, copy, or otherwise have access to; or change or update a record. The decision on the appeal must be in writing and, in the event of a denial, must set forth the reasons for such denial and state the individual's right to obtain judicial review in a district court. An indexed file of decisions on appeals must be maintained by the General Counsel.

(b) Submission of statement of disagreement. If the final decision concerning a request for the amendment of a record does not satisfy the requester, any statement of reasonable length provided by that individual setting forth a position regarding the disputed information will be accepted and attached to the relevant personal record.

Notes of Decisions
Cited in 5 cases, 1999–2018 · leading case: Banks v. Dep't of Just., 538 F. Supp. 2d 228 (D.D.C. 2008).
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Banks v. Dep't of Just., 538 F. Supp. 2d 228 (D.D.C. 2008). · cites it 3× “) see 39 C.F.R. § 266.6 (a). The declarant stated that USPIS has “no record that [plaintiff] ever furnished this information.”
Banks v. Dep't of Just., 605 F. Supp. 2d 131 (D.D.C. 2009). “2006-FPIS-00167 because he failed to submit a suitable verification of his identity as is required under 39 C.F.R. § 266.6 (b)(2). 11 Banks, 538 F.”
Risch v. Henderson, 128 F. Supp. 2d 437 (E.D. Mich. 1999). “The procedures for accessing files are promulgated at 39 C.F.R. 266.6. 4 . The Court notes that management's knowledge of medical or substance abuse problems may assist them in effective personnel management.”
Martin Bettwieser v. Billy Gans (9th Cir. 2018). “7 (a)(1)-(2) (2015) (describing requirements for submitting a FOIA request); 39 C.F.R. § 266.6 (a) (2015) (describing requirements for submitting a Privacy Act request).”
Frederick Banks v. Dep't of Just. (D.D.C. 2009). “2006-FPIS-00167 because he failed to submit a suitable verification of his identity as is required under 39 C.F.R. § 266.6 (b)(2).11 Banks, 538 F.”
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