Case No. VFA-0491, 27 DOE ¶ 80,204

May 5, 1999

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Wilma Louise Ingram

Date of Filing: April 9, 1999

Case Number: VFA-0491

On April 9, 1999, Wilma Louise Ingram filed an Appeal from an April 1, 1999 determination of the Director of the Office of External Affairs of the Department of Energy’s (DOE) Richland Operations Office (Director). The Director issued that determination in response to Ms. Ingram’s request for information filed under the Privacy Act, 5 U.S.C. § 552a, as implemented by the DOE in 10 C.F.R. Part 1008. The Appeal, if granted, would require the DOE’s Richland Operations Office to release the requested information.

Background

Ms. Ingram filed a request under the Privacy Act in which she sought copies of medical and school records pertaining to her. In her determination, the Director informed Ms. Ingram that the DOE does not have any school records pertaining to her. Furthermore, the Director stated that her office conducted a search using Ms. Ingram's name and social security number, but found no medical records pertaining to her. Ms. Ingram contends that she was subjected to radiation releases from Hanford while she attended elementary school in the Spokane, Washington area. She believes that the DOE must have records pertaining to her exposure to these radiation releases. For this reason, Ms. Ingram requests that the DOE conduct a further search for responsive information.

Analysis

The Privacy Act requires, inter alia, that each federal agency permit an individual to gain access to information pertaining to him contained in any system of records the agency maintained. 5 U.S.C. § 552a(d). DOE regulations define a system of records as “a group of any records under DOE control from which information can be retrieved by using the name of the individual or by some identifying number, symbol, or other identifying particulars assigned to the individual.” 10 C.F.R. § 1008.2(m).

We have investigated the Director's search made in response to Ms. Ingram's request and find it fully complies with the requirements of the Privacy Act. In response to Ms. Ingram’s request, the Director conducted a thorough search of the relevant system

of records using Ms. Ingram’s name and her social security number, but found no information responsive to Ms. Ingram’s request. The Director's representative further indicated that the system of records searched, DOE-33 "Personnel Medical Records,” is the only system of records likely to contain information pertaining to medical records. See Record of April 20, 1999 Telephone Conversation between Leonard Tao, OHA Attorney, and Angela Lowman, Richland Operations Office. Based on the foregoing, we conclude that the Director has adequately searched all the systems of records under Richland's control that might reasonably be expected to contain the material sought by Ms. Ingram.

Furthermore, since Ms. Ingram remembers being tested for radiation exposure while attending elementary school, we asked the Director's representative to search Richland's records using the names of the elementary schools Ms. Ingram attended. The Director's representative searched records entitled "Dietary Studies for Local School Children" and confirmed that the DOE had some records for schools in the Tri- Cities area near Hanford, but no records for the schools Ms. Ingram attended in the Spokane area. Id. Accordingly, we must deny the present Appeal.

It Is Therefore Ordered That:

(1) The Privacy Act Appeal Wilma L. Ingram filed on April 9, 1999, OHA Case No. VFA- 0491, is hereby denied.

(2) This is a final Order of the Department of Energy from which any aggrieved party may seek judicial review pursuant to the provisions of 5 U.S.C. § 552a(g)(1). Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: May 5, 1999