Privacy Act Requests

As noted in the Privacy Act (5 U.S.C. § 552a (2018)) and the Department's Privacy Act Overview, an individual United States citizen or Legal Permanent Resident may seek to access, correct, or amend records that are retrieved by name or other personal identifier — such as one's social security number (SSN) — contained in U.S. Trustee Program systems-of-records. In addition to the Privacy Act, such requests will be processed in accordance with the FOIA (5 U.S.C. § 552 (2018)), and applicable legal requirements and exemptions under the governing regulations (e.g., 28 C.F.R. §16.40 and 28 C.F.R. § 16.77), as appropriate.

Your request must be in writing and must be signed. You must send it to the above address, and you should include a return address that identifies your street name/number, so we may respond via certified mail. For further guidance, see below and consult 28 C.F.R. § 16.40, et seq. (Subpart D) (“Protection of Privacy and Access to Individual Records Under the Privacy Act).

Requests for information contained in a Privacy Act system-of-records must: (1) be accompanied by a consent form or verification of identity (see below) attesting that you are the record subject (or his/her legal guardian) or that you have the record subject's consent; (2) clearly identify the particular record(s) at issue; and (3) indicate the precise nature of any amendment, correction, or other action sought, and the reason or justification for such action.

In identifying the record(s) at issue, please describe them in sufficient detail to enable USTP staff to conduct a search for the requested records with a reasonable amount of effort (i.e., bankruptcy case files, personnel records, etc.). Likewise — to minimize billable search and related fees— please specify which USTP region or office you are inquiring about.

A request for access to records about yourself must contain a verification of identity consisting, at a minimum, of your full name, your current address, and your date and place of birth. To facilitate the identification and retrieval of requested records, requests should also contain your social security number (SSN) and/or alien or employee identification number.

If you seek information regarding third parties, "either a written authorization signed by that individual permitting disclosure of those records to you or proof that that individual is deceased (for example . . . a death certificate or an obituary) will help the processing of your request." See 28 C.F.R. § 16.3(a); Overview of The Privacy Act of 1974 and FOIA Reference Guide.

All such requests must be signed, and you must provide either: (1) a statement notarized or submitted under penalty of perjury as provided in 28 U.S.C. § 1746, indicating your full name, place and date of birth, and current address; or (2) a completed and signed Certification of Identity. If you choose the second option, you must use Department of Justice Form 361 (Certification of Identify form). For further information, see 28 C.F.R. § 16.41(d) (“Verification of Identity”).

Parents or guardians of either a child or of a person judicially determined to be incompetent and seeking access to records of the minor or incompetent must verify:

• Their own identity and the identity of the record-subject; and
• Their parentage or guardianship of the record-subject, by furnishing a copy of a birth certificate showing parentage or a Court order establishing guardianship.

For further instructions, see 28 C.F.R. § 16.41(e) ("Verification of Guardianship").

Privacy Act requests are subject to duplication, search, and/or review fees to the extent authorized by 28 C.F.R. § 16.49 ("Fees"); see also 28 C.F.R. § 16.10. Unless otherwise specified, your request for records under the Privacy Act constitutes your agreement to pay all applicable fees up to $25. See 28 C.F.R. § 16.41(c) ("Agreement to Pay Fees"). A requester will typically be notified beforehand if it appears that fees will exceed $25.