10 CFR § 1008.9 - Action in response to a request for access: initial denial of access.

---
identifier: "/us/cfr/t10/s1008.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 1008.9 - Action in response to a request for access: initial denial of access."
title_number: 10
title_name: "Energy"
section_number: "1008.9"
section_name: "Action in response to a request for access: initial denial of access."
chapter_name: "DEPARTMENT OF ENERGY (GENERAL PROVISIONS)"
part_number: "1008"
part_name: "RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7101  50 U.S.C. 2401  5 U.S.C. 552; 5 U.S.C. 552a; 42 U.S.C. 7254; and 5 U.S.C. 301. Section 1008.22(c) also issued under 42 U.S.C. 405 note."
regulatory_source: "45 FR 61577, Sept. 16, 1980, unless otherwise noted."
cfr_part: "1008"
---


# 1008.9 Action in response to a request for access: initial denial of access.

(a) A request by an individual for information about or access to a record or information pertaining to that individual that is contained in a system of records may be denied only upon a determination by the appropriate System Manager, with the concurrence of the appropriate General Counsel, that:

(1) The record is subject to an exemption under § 1008.12;

(2) The record is information compiled in reasonable anticipation of a civil action or proceeding; or

(3) The individual has unreasonably failed to comply with the procedural requirements of this part.

(b) The Privacy Act Officer shall give written notice of the denial of a request of information about or access to records or information pertaining to the individual and contained in a system of records. Such written notice shall be sent by certified or registered mail, return receipt requested and shall include the following information:

(1) The System Manager's name and title;

(2) The reasons for the denial, including citation to the appropriate sections of the Privacy Act and this part; and

(3) Notification of the individual's right to appeal the denial pursuant to § 1008.11 and to administrative and judicial review under 5 U.S.C. 552a(g)(1)(B), as limited by 552a(g)(5).

(c) Nothing in this section shall:

(1) Require the furnishing of information or records that are not retrieved by the name or by some other identifying number, symbol or identifying particular of the individual making the request;

(2) Prevent a System Manager from waiving any exemption authorizing the denial of records, in accordance with § 1008.12.