Question

Privacy Act

Use the Internet to explore and find information on the Privacy Act of 1974. State what components of the act apply to Federal agencies. Then prepare a report of 300 words in a Microsoft Word document.

Answer 1

The Privacy Act was passed in the year 1974 by Congress in the USA. The Act was passed to preserve the integrity and privacy of personal information of citizens of the USA. By the 1970s, the technology was well advanced. The federal agencies had huge databases on their computers and could easily cross-reference and pass personal data of individuals. Citizens and legislators contemplated an Act or rule that could preserve the integrity/privacy of data. The Privacy Act of 1974 successfully established certain controls on the information that is collected by the federal agencies, and the way the agencies use this information. The Act guarantees some primary rights and these include:

a.The right to see the records about oneself (subject to the exemptions of the Act).

b.The right for amending any non-exempt record if it is irrelevant, inaccurate, incomplete, or untimely.

c. A right through which the citizens can sue the Federal Agency or government for violating the statutes/provisions of the Act. For instance, a citizen can sue a federal agency or the government when it grants unauthorized access for reading the records of the citizen.

According to the act, Federal agencies can collect the records from the individual to the greatest extent possible. This will help the agencies possess relevant, accurate, complete and timely records. Records here belong to the system of records/information that is controlled by an agency and from which information is retrieved. The information may be obtained by using an identifying number or the name of the individual. The information may also be obtained through other ways like using the identifier assigned or a symbol among others. The agencies are required to publish the notification system of these records in the Federal Register. The notice is also called as SORN (System of Record Notice).

Therefore the Privacy Act of 1974 has established a set of code and provisions for clear information practices. These provisions govern the various aspects of record keeping of the Federal agencies in the USA. This may include collection, maintenance, use, sharing and dissemination of information about individuals. A federal agency cannot disclose the record of any individual until it obtains written consent from the particular individual, according to the Privacy Act. The records can be disclosed without consent when the case belongs to any of the 12 statutorily exceptions of the Act. Some of these exceptions include Congressional investigation, law enforcement, routine use within a US government agency, certain administrative purposes, statistical purposes (by government agencies like Census Bureau) and others. The Act also puts forward different recordkeeping requirements that all Federal Agencies have to follow. The Act requires that a United States Federal and government agency has proper physical security and administrative system in place for preventing unauthorized access and release of personal information. The agencies are also required to follow certain rules (or principles) that are also termed as “fair information practices” when they handle or gather personal data. Apart from showing an individual all records pertaining to him/her, the agencies are also restricted towards sharing of this personal data with other Agencies and people. But as we can see Agencies that are concerned with law enforcement are not bounded by the rules and provisions of the Privacy Act.