Privacy
Privacy Act Facts
Talking Points – The Privacy Act of 1974, 5 U.S.C. § 552a
- In effect since September 27, 1975
- Pertains only to living individuals. However, next-of-kin may have privacy rights that need to be addressed before release of information on a deceased person.
- The Act regulates the collection, maintenance, use and dissemination of personal information by federal executive branch agencies.
- The purpose is to balance the government’s need to maintain information about individuals with the rights of individuals to be protected against unwarranted invasion of their personal privacy stemming from federal agencies’ collection, maintenance, use and disclosure of personal information about them.
- Historical context of the Act: In 1974, Congress was concerned with curbing the illegal surveillance and investigation of individuals by federal agencies that had been exposed during the Watergate scandal. Congress was also concerned with potential abuses presented by the government’s increasing use of computers to store and retrieve personal data by means of universal identifiers—such as an individual’s Social Security Number.
- The Act focuses on four basis policy objectives:
- to restrict disclosure of personally identifiable records maintained by agencies;
- to grant individuals increased rights of access to agency records maintained on themselves
- to grant individuals the right to seek amendment of agency records maintained on themselves upon a showing that the records are not accurate, relevant, timely, or complete; and
- to establish a code of fair information practices which requires agencies to comply with statutory norms for collection, maintenance and dissemination of records.
- Examples of Systems of Records include (but are not limited to): payroll, time and attendance, personnel, medical, parking, security, subsidy, training, and investigative.
|
