What Is The Privacy Act of 1974?
The Privacy Act allows U.S. citizens and those lawfully admitted for permanent residence to request access to or a copy of CFTC records about them maintained in a CFTC “system of records,” as defined in the Privacy Act. The Privacy Act also requires the CFTC to maintain accurate, current records, and to notify the public of all of the systems of records it creates by publishing system of records notices (SORNs) in the Federal Register.
How Is My Information Protected?
The Privacy Act establishes safeguards for the protection of records the CFTC collects and maintains on about U.S. citizens and those lawfully admitted for permanent residence. Records are protected from unauthorized access and improper use through administrative, technical and physical security measures. Technical security measures include restrictions on computer access to authorized individuals, required use of strong passwords that are frequently changed, use of encryption for certain data types and transfers. Administrative measures include regular review of security procedures and best practices.
May I Access Records Covered By The Privacy Act?
Yes, you can ask the CFTC for access to records about you or individuals for whom you may serve as an authorized representative or legal guardian. You can also ask the CFTC to amend records that are inaccurate, irrelevant, untimely, or incomplete. However, when a system is exempt from certain sections of the Privacy Act, there may be limitations on the disclosure or amendment of records. Systems are exempt, for example, if disclosure of the records may compromise the effectiveness of the CFTC’s regulatory or enforcement programs, or reveal the identity of a confidential source, as stated in CFTC Rule Part 146.12, 17 C. F. R. § 146.12.
How Do I File A Privacy Act Request?
To determine whether a system of records contains information about you, to access a record about yourself (or someone else for whom you serve as an authorized representative or legal guardian) in a given system of records, or to request an amendment to the contents of a particular record, you may submit a Privacy Act request to the CFTC via our webform at the following link:
https://forms.cftc.gov/Forms/PrivacyActRequest
Alternatively, you may mail or personally deliver a written and signed inquiry to:
FOIA Compliance Office Commodity Futures Trading Commission
Three Lafayette Centre
1155 21st Street, NW
Washington, DC 20581
Your request must:
- Be in writing and signed by individual making the request;
- Include the full name (including middle name) of the individual seeking the information or record;
- Include the home address and telephone number, and business addresses and telephone number of the individual seeking the information or record (when applicable); and
- State in what capacity the individual is or was registered, if the individual making the request is or has ever been registered with the CFTC or its predecessor agency (the Commodity Exchange Commission), or associated as a partner, officer, director, or 10 percent shareholder with a firm so registered.
Please also describe the record with as much specificity as you can to facilitate the location of the record among all of those maintained by the CFTC. At a minimum, this will include:
- The title and identifying number for the system of records that you believe contains information about you, as the title and number appear in system of records notice in the Federal Register. For your convenience, the CFTC has summarized the holdings of its systems of records. The identifying number appears to the left of the name of each system;
- Additional identifying information (if any) specified in the section titled “Retrievability” in the relevant CFTC system notice in the Federal Register;
- A description of the specific information or kind of information you are seeking within the system of records; and
- A detailed description of any special arrangements concerning the time, place, or form of access that you might request.
For amendment requests:
- Specify the nature of the amendment you would like made;
- Indicate the justification for the requested change (accuracy, relevance, timeliness, or completeness); and
- Describe the record with as much specificity as you can to facilitate the location of the record among all of those maintained by the CFTC.
Reasonable identification:
The CFTC requires you to submit “reasonable identification” to ensure that information and records are disclosed only to the proper person. Reasonable identification is proof of identity that the CFTC deems satisfactory based on the circumstances of a particular request. Please consider contacting the Privacy Office prior to submitting a request regarding what would be reasonable identification given the nature of your request. See 17 C. F. R. § 146.12 for examples of what the CFTC has defined as reasonable identification. The CFTC may contact you if additional information is needed to verify your identity.
What Happens After I File A Privacy Act Request?
For both requests submitted via the CFTC Privacy Act Request Form and those submitted via postal mail, a Commission staff member will acknowledge receipt of your request in writing within ten business days. If you successfully submit the CFTC Privacy Act Request Form, you will be directed to a confirmation page which includes a Portable Document Format (PDF) confirmation file you can download or print. If no responsive records are identified, a staff member will acknowledge receipt and explain the status of your request. If records responsive to your request are located, a staff member will notify you in writing via email or postal mail of when and where you may review the records. If you requested copies of records, they will be sent to you. If further arrangements for access are necessary, you will receive information regarding the name, address, and telephone number of the relevant contact at the CFTC.
In the case of a requested amendment, the CFTC will determine whether the record is in fact inaccurate, incomplete, misleading, irrelevant, or untimely, as claimed. If the CFTC finds a need for amendment according to the information you submit, then the CFTC will amend the record in accordance with your request. You will then receive notice that the CFTC has taken the action to amend. Conversely, if the CFTC denies amendment in whole or in part, you will receive notification of this fact.
Is The CFTC Entitled To Withhold Certain Information?
The CFTC may withhold certain records under the Privacy Act if disclosure may compromise the effectiveness of the CFTC’s regulatory or enforcement programs, or reveal the identity of a confidential source, as stated in CFTC Rule Part 146.12, 17 C. F. R 146.12. This includes investigatory materials compiled for law enforcement purposes, or for determining an individual’s suitability, eligibility, or qualifications for employment with the CFTC, or for matters under investigation by the Office of the Inspector General.
In addition to the above considerations, there are other limitations on the disclosure of records. For example, if the disclosure involves medical records, the records may only be provided to a physician designated in writing by the individual requesting the records. Furthermore, when a document containing information about the requesting individual also contains information pertaining to another person, that particular information may be withheld.