Privacy Act of 1974: U.S. Law Governing Personally Identifiable Information

The Privacy Act of 1974 is a United States federal law that governs the collection, maintenance, use, and dissemination of personally identifiable information by federal agencies, aiming to protect the privacy of individuals.

The Privacy Act of 1974 is a United States federal law codified under 5 U.S.C. § 552a. It governs how federal agencies handle personal data collected from individuals, ensuring the protection of privacy rights in the collection, maintenance, use, and dissemination of personally identifiable information (PII).

Key Provisions of the Privacy Act

Data Collection and Maintenance

Federal agencies are required to:

• Inform individuals about the purpose and intended use of data collection.
• Obtain explicit consent for the collection and subsequent use of PII.
• Ensure data accuracy, relevance, timeliness, and completeness.

Data Use and Dissemination

Agencies must:

• Restrict access to PII to personnel with a need-to-know basis.
• Prevent unauthorized disclosures of PII without the subject’s consent, unless permitted by law under specified exceptions.

Individual Rights

The Act provides several rights to individuals, including:

• The right to access personal records maintained by federal agencies.
• The right to request amendments to their records if inaccuracies are found.
• The right to be informed of any disclosures of their records.

Historical Context

The Privacy Act of 1974 was enacted in response to growing concerns over privacy in an increasingly digitized world. The Watergate scandal underscored the need for better safeguards against governmental abuse of personal information.

Applicability and Scope

The Act applies exclusively to federal agencies and systems of records that collect personal information. It does not cover records maintained by state and local governments or private organizations. However, it sets an important precedent for subsequent privacy laws.

Comparisons and Related Terms

• Freedom of Information Act (FOIA): While FOIA promotes transparency by allowing public access to federal records, the Privacy Act balances this transparency with the protection of personal data.
• General Data Protection Regulation (GDPR): The GDPR is a European Union regulation that provides broader protections and rights concerning personal data, applicable to entities within the EU.
• Health Insurance Portability and Accountability Act (HIPAA): U.S. law that specifically protects medical information.

FAQs

What types of records are exempt from the Privacy Act?

Certain records are exempt, including those pertaining to criminal law enforcement, national security, and certain specific activities critical to agency functions.

How can individuals request access to their records under the Privacy Act?

Individuals must submit a written request to the relevant federal agency, typically involving identity verification procedures.

What happens if an agency violates the Privacy Act?

Agencies found in violation may face civil or criminal penalties, and individuals can seek judicial review and potentially receive damages.

References

• “The Privacy Act of 1974,” United States Department of Justice.
• “An Overview of the Privacy Act of 1974,” Electronic Privacy Information Center (EPIC).

Summary

The Privacy Act of 1974 is a cornerstone of privacy law in the United States, aiming to balance the needs of federal agencies with the privacy rights of individuals. As technology and data collection practices evolve, this Act continues to serve as a critical benchmark for protecting personal information within the federal system.