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1992-12-02
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THE PRIVACY ACT
** What is the Privacy Act?
The federal government compiles a wide range of information
on individuals. For example, if you were ever in the military
or employed by a federal agency, there should be records of
your service. If you have ever applied for a federal grant or
received a student loan certified by the government, you are
probably the subject of a file. There are records on every
individual who has ever paid income taxes or received a check
from Social Security or Medicare.
The Privacy Act, passed by Congress in 1974, establishes
certain controls over what personal information is collected
by the federal government and how it is used. The Act
guarantees three primary rights: (1) the right to see records
about yourself, subject ot the Privacy Act's exemptions, (2)
the right to amend that record if it is inaccurate,
irrelevant, untimely, or incomplete, and (3) the right to sue
the government for violations of the statute including
permitting others to see your records unless specifically
permitted by the Act.
It also provides for certain limitations on agency
information practices, such as requiring that information
about a person be collected from that person to the greatest
extent practicable; requiring agencies to ensure that their
records are relevant, accurate, timely and complete; and
prohibiting agencies from maintaining information describing
haw an individual exercises his or her First Amendment rights
unless the individual consents to it, a statute permits it,
or it is within the scope of an authorized law enforcement
investigation.
** What information may I request under the Privacy Act?
The Privacy Act applies only to documents about individuals
maintained by agencies in the executive branch of the federal
government. It applies to these records only if they are in a
"system" of records, which means they are retrieved by an
individual's name, social security number, or some other
personal identifier. In other words, the Privacy Act does not
apply to information about individuals in records that are
filed under other subjects, such as organizations or events,
unless the agency also indexes and retrieves them by
individual names or other personal identifiers. Like the
FOIA, the Privacy Act does not apply to records held by
Congress, the courts, local governments or private
organizations (except for the limitation upon the use of the
social security account number, which does apply to state and
local governments).
There are 10 exemptions to the Privacy Act under which an
agency can withhold certain kinds of information from you.
Examples of exempt records are those containing classified
information on national security or those concerning criminal
investigations. Another exemption often used by agencies is
that which protects information that would identify a
confidential source. For example, if an investigator
questions a person about your qualifications for federal
employment and that person agrees to answer only if his
identity is protected, then his name or any information that
would identify him can be withheld. The 10 exemptions are set
out in the Act.
If you are interested in more details, you should read the
Privacy Act in its entirety. Though the Act is too lengthy to
publish as part of this brochure, it is readily available. It
is printed in the U.S. Code (Section 552a of Title 5), which
can be found in many public and school libraries. You may
also order a copy of the Privacy Act of 1974, Public Law
93-579, from the Superintendent of Documents.
** Whom do I contact in federal government with my request?
How do I get the right address?
As with the FOIA, no one office handles all Privacy Act
requests. To locate the proper agency to handle your request,
follow the same guidelines as for the Freedom of Information
Act.
** How do I know if an agency has a file on me?
If you think a particular agency has a file pertaining to
you, you may write to the Privacy Act Officer or head of the
agency. Agencies are generally required to inform you, upon
request, whether or not they have files on you. In addition,
agencies are required to report publicly the existence of all
records systems they keep on individuals. The Office of the
Federal Register annually compiles and publishes (or updates)
a list of systems and any exemptions that apply to each. The
multi-volume work, called the Privacy Act Issuances
Compilation, is available at most large reference and
university libraries.
** How do I request information under the Privacy Act?
Write a letter to the agency that you believe may have a
file pertaining to you. Address your request to the Privacy
Act Officer or head of the agency, such as "Secretary,
Department of Health and Human Services." Be sure to write
"Privacy Act request" clearly on both the letter and the
envelope.
Most agencies require some proof of identity before they
will give you your records. Therefore, it is a good idea to
enclose proof of identity (such as a copy of your driver's
license) with your full name and address. Do not send the
original documents. Remember to sign your request for
information, since your signature is a form of
identification. (A notarized signature is better and is
required by many agencies.) if an agency needs more proof of
identity before releasing your files, it will let you know.
Give as much information as possible as to why you believe
the agency has records about you. The agency should process
your request or contact you for additional information.
** What about costs for getting records under the Privacy
Act?
Under the Privacy Act, an agency can charge only for the
cost of copying records for you, not for time spent locating
them.
** How long will it take to answer my request?
Under the terms of the Privacy Act, the agency is not
required to reply to a request within a given period of time.
However, most agencies have adopted the 10-day period in
their regulations. If you do not receive any response within
4 weeks or so, you might wish to write again, enclosing a
copy of your original request.
** What if I find that a federal agency has incorrect
information about me in the files?
The Privacy Act requires agencies maintaining personal
information about individuals to keep complete, accurate,
timely and relevant files. If, after seeing your file, you
believe that any fact is incorrect and should be amended,
write to the agency official who released the record to you.
Include all pertinent documentation for each change you are
requesting. The agency will let you know if further proof is
needed. The Act requires an agency to notify you of the
receipt of such an amendment request within 10 working days
of receipt. If your request for amendment is granted, the
agency will tell you precisely what will be done to amend the
record. You may appeal any denial. Even is an agency also
denies your appeal, you have the right to submit a statement
explaining why you think the record is wrong and the agency
must attach your statement to the record involved.
** What recourse do I have if I am denied information
requested under the Privacy Act?
There is no required procedure for Privacy Act appeals, but
an agency should advise you of its own appeal procedure when
it makes a denial. Should the agency deny your appeal, you
may take the matter to court. If you win your case, you may
be awarded court costs and attorney's fees.
******