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PRIVACY ACT OF 1974 OVERVIEW. FAIR INFORMATION PRACTICES The Privacy Act is primarily concerned with fair information practices. The Privacy Act is primarily.

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Presentation on theme: "PRIVACY ACT OF 1974 OVERVIEW. FAIR INFORMATION PRACTICES The Privacy Act is primarily concerned with fair information practices. The Privacy Act is primarily."— Presentation transcript:

1 PRIVACY ACT OF 1974 OVERVIEW

2 FAIR INFORMATION PRACTICES The Privacy Act is primarily concerned with 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. It regulates collection, maintenance, use, and dissemination of personal information by Federal executive branch agencies.

3 PURPOSE Balance the governments need to maintain information about individuals while protecting them against unwarranted invasions of privacy. Balance the governments need to maintain information about individuals while protecting them against unwarranted invasions of privacy.

4 FOUR PRIVACY ACT POLICY OBJECTIVES Restrict disclosure Restrict disclosure Grant individuals access Grant individuals access Give individuals the right to seek amendment Give individuals the right to seek amendment Establish guidelines for collection, maintenance, and dissemination of records Establish guidelines for collection, maintenance, and dissemination of records

5 SYSTEMS OF RECORDS Applies to records containing personal information that are in Systems of Records Applies to records containing personal information that are in Systems of Records Retrieved by name or personal identifier Retrieved by name or personal identifier Notice must be published in the Federal Register Notice must be published in the Federal Register

6 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. 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.

7 COLLECTION OF INFORMATION Agencies must collect the minimum amount of information necessary for the purpose. Agencies must collect the minimum amount of information necessary for the purpose. To the extent possible, collect information from the individual. To the extent possible, collect information from the individual.

8 PERMITTED USES OF INFORMATION Within the agency on a need to know basis Within the agency on a need to know basis Routine uses Routine uses

9 ROUTINE USES Disclosure for a purpose compatible with the purpose for which the information was collected Disclosure for a purpose compatible with the purpose for which the information was collected Notice must be published in the Federal Register Notice must be published in the Federal Register

10 ACCESS TO RECORDS The subject of the record has a right to inspect or copy 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 Records may be withheld only if published as an exempt system of records

11 AMENDMENT OF RECORDS The subject may request correction or amendment of any records he or she believes are incorrect. The subject may request correction or amendment of any records he or she believes are incorrect.

12 PERMITTED DISCLOSURE With consent of the subject of the record With consent of the subject of the record Required by the Freedom of Information Act Required by the Freedom of Information Act

13 OTHER PERMITTED DISCLOSURES Census Bureau Census Bureau Statistical Research Statistical Research National Archives and Records Administration National Archives and Records Administration Law Enforcement Law Enforcement Health and Safety Health and Safety Congress Congress General Accountability Office General Accountability Office Court Order Court Order Consumer Reporting Agency Consumer Reporting Agency

14 ACCOUNTING FOR DISCLOSURES Agencies must maintain a record of certain disclosures Agencies must maintain a record of certain disclosures Inform prior recipients of record of any corrections or disputes Inform prior recipients of record of any corrections or disputes

15 CIVIL LIABILITIES OF AGENCY Refusal to grant access Refusal to grant access Failure to amend a record Failure to amend a record Failure to comply with other provisions of the Privacy Act Failure to comply with other provisions of the Privacy Act

16 CRIMINAL PENALTIES Willful disclosure of agency records in violation of the PA; Willful disclosure of agency records in violation of the PA; Willfully maintaining a system of records without PA notice; and Willfully maintaining a system of records without PA notice; and Willfully and knowingly obtaining another person's record from an agency under false pretenses. Willfully and knowingly obtaining another person's record from an agency under false pretenses.

17 DISCIPLINARY ACTION Knowing and willful violations of the Privacy Act Knowing and willful violations of the Privacy Act Knowing about the PA, failure to inform yourself of PA requirements or conduct yourself accordingly. Knowing about the PA, failure to inform yourself of PA requirements or conduct yourself accordingly.

18 POMS GN Privacy Act GN Privacy Act GN Access to SSA Data GN Access to SSA Data GN Correction of SSA Records GN Correction of SSA Records GN Verifying the Identity of Persons Requesting Access to, or Disclosure of, Personally Identifiable Information GN Verifying the Identity of Persons Requesting Access to, or Disclosure of, Personally Identifiable Information


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