PRIVACY ACT OF 1974

Report
PRIVACY ACT OF 1974
OVERVIEW
FAIR INFORMATION
PRACTICES


The Privacy Act is
primarily concerned
with fair information
practices.
It regulates collection,
maintenance, use, and
dissemination of
personal information
by Federal executive
branch agencies.
PURPOSE

Balance the
government’s need
to maintain
information about
individuals while
protecting them
against
unwarranted
invasions of privacy.
FOUR PRIVACY ACT
POLICY OBJECTIVES




Restrict disclosure
Grant individuals
access
Give individuals the
right to seek
amendment
Establish guidelines for
collection,
maintenance, and
dissemination of
records
SYSTEMS OF RECORDS



Applies to records
containing personal
information that are in
Systems of Records
Retrieved by name or
personal identifier
Notice must be
published in the
Federal Register
NOTICE

Agencies must inform
individuals of their
authority to collect the
information, the
purpose for which it
will be used, to whom
it may be disclosed and
the effects of not
providing the
information.
COLLECTION OF
INFORMATION


Agencies must
collect the
minimum amount
of information
necessary for the
purpose.
To the extent
possible, collect
information from
the individual.
PERMITTED USES OF
INFORMATION


Within the agency
on a need to know
basis
Routine uses
ROUTINE USES


Disclosure for a
purpose compatible
with the purpose
for which the
information was
collected
Notice must be
published in the
Federal Register
ACCESS TO RECORDS


The subject of the
record has a right
to inspect or copy
records
Records may be
withheld only if
published as an
exempt system of
records
AMENDMENT OF
RECORDS

The subject may
request correction
or amendment of
any records he or
she believes are
incorrect.
PERMITTED DISCLOSURE


With consent of the
subject of the
record
Required by the
Freedom of
Information Act
OTHER PERMITTED
DISCLOSURES









Census Bureau
Statistical Research
National Archives and
Records Administration
Law Enforcement
Health and Safety
Congress
General Accountability
Office
Court Order
Consumer Reporting
Agency
ACCOUNTING FOR
DISCLOSURES


Agencies must
maintain a record
of certain
disclosures
Inform prior
recipients of record
of any corrections
or disputes
CIVIL LIABILITIES OF
AGENCY



Refusal to grant
access
Failure to amend a
record
Failure to comply
with other
provisions of the
Privacy Act
CRIMINAL PENALTIES



Willful disclosure of
agency records in
violation of the PA;
Willfully maintaining a
system of records
without PA notice; and
Willfully and knowingly
obtaining another
person's record from
an agency under false
pretenses.
DISCIPLINARY ACTION


Knowing and willful
violations of the
Privacy Act
Knowing about the
PA, failure to inform
yourself of PA
requirements or
conduct yourself
accordingly.
POMS




GN 03301.020 Privacy
Act
GN 03340 Access to
SSA Data
GN 03345 Correction of
SSA Records
GN 03380 Verifying the
Identity of Persons
Requesting Access to,
or Disclosure of,
Personally Identifiable
Information

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