NCJ Number
34462
Date Published
1976
Length
197 pages
Annotation
THIS MANUAL ORGANIZES THE AVAILABLE INFORMATION ON THE PRIVACY ACT AND ITS INTERPRETATIONS IN ORDER TO PROVIDE A SINGLE REFERENCE ON THE ACTIONS THAT A FEDERAL AGENCY MUST TAKE TO COMPLY WITH THE PRIVACY ACT PROVISIONS.
Abstract
IN RESPONSE TO THE GROWING POSSIBILITIES FOR ABUSE OF INFORMATION SYSTEMS, THE U.S. CONGRESS ENACTED THE PRIVACY ACT OF 1974, WHICH EXTENDS TO THE CITIZEN CERTAIN PRIVILEGES FOR EXAMINING HIS RECORD AND FOR CAUSING IT TO BE CORRECTED IF IT IS IN ERROR. IN ADDITION, THE ACT SETS RULES FOR THE BEHAVIOR OF FEDERAL AGENCIES, REQUIRING THEM TO CREATE NEW PROCEDURES, ADAPT THEIR RECORD KEEPING PROCESSES, AND TO MAKE VISIBLE FOR THE FIRST TIME MANY DETAILS OF THEIR RECORD-KEEPING SYSTEMS. THIS BOOK IS A COMPREHENSIVE DISCUSSION OF THE ACTIONS THAT A FEDERAL AGENCY MUST TAKE TO COMPLY WITH THE PROVISIONS OF THE PRIVACY ACT. THE AUTHORS OF THE MANUAL AVOID MAKING INTERPRETATIONS OF THE BASIC COMPLIANCE REQUIREMENTS OF THE ACT, PREFERRING INSTEAD TO QUOTE SPECIFIC PROVISIONS OF THE ACT AND THE INTERPRETATION OF THOSE PROVISIONS BY RECOGNIZED SOURCES - THE OFFICE OF MANAGEMENT AND BUDGET (OMB) GUIDELINES IN PARTICULAR. HOWEVER, TECHNICAL INTERPRETATIONS ARE OFFERED IN AN ATTEMPT TO MAKE THIS DOCUMENT USEFUL TO SYSTEM MANAGERS AND OTHERS INVOLVED WITH AUTOMATED SYSTEMS OF RECORDS. THE MANUAL OPENS WITH A GENERAL INTRODUCTION TO 'PRIVACY' AS WELL AS A BRIEF SUMMARY OF AN INDIVIDUAL'S RIGHTS UNDER THE ACT. THIS DISCUSSION IS THEN CONTINUED WITH EMPHASIS ON CLARIFYING CERTAIN FUNDAMENTAL DECISIONS, PARTICULARLY WITH REGARD TO DETERMINING WHICH INFORMATION SYSTEMS ARE COVERED BY THE ACT. AFTER PROVIDING THIS BACKGROUND INFORMATION, THE MANUAL OFFERS AN IN-DEPTH EXAMINATION OF THE IMPORTANT PROVISIONS OF THE ACT. THE BASIC COMPLIANCE REQUIREMENTS OF THE ACT ARE REVIEWED BY CITING THE TEXT OF THE ACT, THE OMB GUIDELINES, AND THE LEGISLATIVE HISTORY. IN PARTICULAR, THE MATERIAL IS ORGANIZED FUNCTIONALLY SO THAT AN AGENCY OFFICIAL FACED WITH A SPECIFIC FUNCTIONAL COMPLIANCE REQUIREMENT, SUCH AS RESPONDING TO A REQUEST TO AMEND A RECORD, WILL BE ABLE TO FIND ALL OF THE RELEVANT COMPLIANCE STEPS LOCATED IN ONE PLACE. THE TECHNICAL CONSIDERATIONS WHICH MUST BE ADDRESSED IN ORDER FOR AUTOMATED SYSTEMS TO COMPLY WITH THE ACT ARE REVIEWED IN DETAIL. FINALLY, THE MANUAL DISCUSSES PROVISIONS OF THE ACT WHICH ARE SPECIFICALLY CONCERNED WITH PROVIDING SAFEGUARDS AGAINST ACCIDENTAL OR INTENTIONAL ABUSE OR MISUSE OF INFORMATION IN A SYSTEM OF RECORDS. THE APPENDED MATERIALS INCLUDE A LIST OF REFERENCES, A COPY OF THE PRIVACY ACT ITSELF, AN OUTLINE OF THE BASIC COMPLIANCE REQUIREMENTS OF THE ACT, AND THE TEXTS OF THE RELEVANT SECTIONS OF THE SENATE REPORT DEALING WITH SAFEGUARDS. (SNI ABSTRACT)