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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 71  

Protection of Individual Privacy and Access to Records Under the Privacy Act of 1974

 

 

 

Subpart A  

General


29 CFR 71.13 - Employee standards of conduct.

  • Section Number: 71.13
  • Section Name: Employee standards of conduct.

    (a) Each component shall inform its employees of the provisions of 
the Privacy Act, including the Act's civil liability and criminal 
penalty provisions. Each component also shall notify its employees that 
they have a duty to:
    (1) Protect the security of records,
    (2) Ensure the accuracy, relevance, timeliness, and completeness of 
records,
    (3) Avoid the unauthorized disclosure, either verbal or written, of 
records, and
    (4) Ensure that the component maintains no system of records 
without public notice.
    (b) Except to the extent that the Privacy Act permits such 
activities, an employee of the Department of Labor shall:
    (1) Not collect information of a personal nature from individuals 
unless the employee is authorized to collect such information to 
perform a function or discharge a responsibility of the Department;
    (2) Collect from individuals only that information which is 
necessary to the performance of the functions or to the discharge of 
the responsibilities of the Department;
    (3) Collect information about an individual directly from that 
individual, whenever practicable;
    (4) Inform each individual from whom information is collected of:
    (i) The legal authority that authorizes the Department to collect 
such information,
    (ii) The principal purposes for which the Department intends to use 
the information,
    (iii) The routine uses the Department may make of the information, 
and
    (iv) The practical and legal effects upon the individual of not 
furnishing the information;
    (5) Maintain all records which are used by the agency in making any 
determination about any individual with such accuracy, relevance, 
timeliness, and completeness as to ensure fairness to the individual in 
the determination;
    (6) Maintain no record describing how any individual exercises 
rights guaranteed by the First Amendment to the United States 
Constitution, unless:
    (i) The individual has volunteered such information for his own 
benefit,
    (ii) A statute expressly authorizes the Department to collect, 
maintain, use, or disseminate the information, or
    (iii) The individual's beliefs, activities, or membership are 
pertinent to and within the scope of an authorized law enforcement 
activity;
    (7) Notify the head of the component of the existence or 
development of any system of records that has not been disclosed to the 
public;
    (8) Disclose no record to anyone, for any use, unless authorized by 
the Act;
    (9) Maintain and use records with care to prevent the inadvertent 
disclosure of a record to anyone; and
    (10) Notify the head of the component of any record that contains 
information that the Act or the foregoing provisions of this paragraph 
do not permit the Department to maintain.
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