S. 3418, 'PRIVACY ACT OF 1974

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700150013-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 12, 2016
• Document Release Date: January 11, 2002
• Sequence Number: 13
• Publication Date: December 20, 1974
• Content Type: MF

UNCLASS4,HItDved FoEBelgi
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? [:1 SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
FROM:
EXTENSION
NO.
Legislative Counsel
6121
DATE 20 December 1974
TO: (Officer designation, room number, and
DATE
building)
OFFICER'S
COMMENTS (Number each comment to show from whom
RECEIVED
FORWARDED
INITIALS
to whom. Draw a line across column after each comment.)
Director
Attached for your signature
2.
is the letter to OMB on the
"right of privacy" legislation.
Also attached is a memo which
3.
in general terms describes the
L
provisions from which we are
4
exempt and those which are
applicable to us. Also attached
is a sectional analysis of the
5.
bill which should be useful to
the people who will be working
on this
ro
ram alon
with th
p
g
g
e
6.
Freedom of Information legislation
7.
jog ar
8?
ee Counsel
25X1A
9.
10.
11.
12.
13.
14.
15.
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OLC 74-2604
20 December 1974
MEMORANDUM FOR: Director of Central Intelligence
SUBJECT : S. 3418, "Privacy Act of 1974"
1. Attached, for your signature, is a proposed letter to OMB
recommending that the President sign S. 3418, the "right of privacy bill. "
Also attached is an analysis of those sections of the bill which apply to CIA.
2. Basically, the bill grants an individual under certain conditions
access to Government records concerning him for purposes of assuring
accuracy and completeness. Also, agencies must establish procedures to
assure the protection and control of such information. The information
cannot be disseminated further except under certain conditions. The bill
also establishes a two-year study commission which will review systems
of personal records in Government and report its recommendations to the
Congress.
3. CIA is exempt from those provisions requiring us to permit
access to records, and from most of the other provisions of the bill.
In exercising our exemption, we will have to comply with some of the
requirements of rule-making in Government. This requires publishing
our rules in the Federal Register and giving the public thirty days to submit
comments in writing for Agency consideration before the rules become final.
4. We are required to establish procedures to assure the proper
protection and control of personal information. Our present procedures
should comply with little change. We also will have to publish in the
Federal Register a general description of our system of records. Agency
records (as are records of all agencies) have been made subject to inspection
by the Privacy Protection Study Commission, a nonregulatory two-year
study commission established by S. 3418, which must report to Congress.
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We were exempt from a similar commission with regulatory powers
in an earlier version of the bill. This new commission was part of the
compromise which Senator Ervin insisted upon. Agency concern about
the broad powers of the Commission are expressed in the attached letter
to OMB, but we should be able to cooperate.
5. All things considered, we can live with the bill. Representatives
from DDI, DDA, DDO, and OGC were included in coordination of an Agency
position.
e L. Ca
Legislative Counsel
Attachments: As stated
Distribution:
Original - Addressee, w/atts
1 - DDCI
1-ER
1 - DDI
1 -DDA
1 - DDO
1 - OGC
1 - OLC Subject
2
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OLC 74-2603
CENTRAL INTELLIGENCE AGENCY
WASHINGTON, D.C. 20505
hExecutive Registry
',7 7
IDEC 1974
Honorable Roy L. Ash, Director
Office of Management and Budget
Washington, D. C. 20503
Dear Mr. Ash:
This is in response to your request for this Agency's views
and recommendations on enrolled bill S. 3418, the "Privacy Act of 1974. "
Congress recognized that the activities of the Agency require
special consideration and in section 552a. (j)(1) of the bill exempted Agency
records from most of the bill's operative provisions. The Agency is
subject to subsections (b) and (i), and to certain provisions in subsections
(c) and (e). These provisions require the proper protection, handling, and
control of personal information, and publication in the Federal Register of
a description of personal records systems.
By providing our exemption, the Congress. assured the protection
of sensitive intelligence information. The broad powers granted the Privacy
Protection Study Commission are a matter of concern to me; however, I am
sure that the Commission will take due regard for the special status of the
Agency records pertaining to individuals, and of my statutory responsibility
to protect intelligence sources and methods from unauthorized disclosure.
In principle, I endorse the objectives of S. 3418 to establish a
comprehensive program for the protection of individual privacy. I appreciate
the fact that the subject is highly complex, and recognize that this bill wash
.the best compromise attainable. I therefore have no objection to approval
of S. 3418 by the President.. ,
lac W. ';t 00152
1 - ER ? 1 - OLC Chrono 1 - DDO
nr.r.nr.~.,.~ 12n na.. 7a1
Sincerely,
W. E. Colby
Director
1 -DCI 1 - OGC. 1 -DDI
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Distribution:
Orig Addressee
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ANALYSIS OF
SECTIONS IN S. 3418
WHICH APPLY TO CIA
Subsection (b) establishes procedures for the disclosure of personal
information by an agency without the written consent of the
individual involved. This includes routine dissemination of
information among departments and agencies, Archives, the
Congress, law enforcement purposes, etc.
Subsection (c) establishes procedures for the accounting of any disclosures
of personal information made by a department or agency. We are
subject to:
(c)(1)
Except for disclosures of personal information made
internally by an agency or pursuant to the Freedom of
Information Act, an agency must establish procedures
furnishing the date and purpose of the disclosure of
personal information to another agency.
NOTE: Our established format which records the
dissemination of information to other agencies is sufficient.
(c)(2)
The accounting in (c) (1) above must be retained at
least five years.
Subsection (e)(4)(A) through (F) requires publication in the Federal
Register annually, a notice of the existence and character of
the systems of records maintained by the Agency, including
the categories of individuals involved; the routine use of the
information; policies regarding storage; and the name of the
official responsible for the system.
Subsection (e)(6) Prior to disseminating any information to any person
or other agency, an agency must make a reasonable effort to
assure the accuracy and completeness of the information.
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Subsection (e)(7) precludes the maintenance of any records which describe
how individuals exercise their first amendment rights unless
authorized by statute. Sponsored by Senator Ervin as result of his
hearings on Army's spying upon domestic political groups.
Subsection (e)(9) Rules of conduct for persons involved in the design,
development,. operation, and maintenance of record systems must
be developed.
Subsection (e)(10) Agencies are to establish rules of conduct for operating
systems pursuant to new law.
Subsection (e)(11) Agencies are to establish appropriate safeguards to
protect information.
Subsection (i) provides criminal penalties for any violation of the Act
by a Government official or employee.
Section 5 establishes a two-year "Privacy Protection Study Commission"
composed of seven members--three appointed by President; two
by President of Senate; and two by Speaker; to be chosen from
among members of public at large, experts in civil rights, law,
social sciences, computer technology, etc.
The Commission is to study data banks and data processing
programs and information systems of Government and make
recommendations to the President and Congress. It is also to
determine what laws or other authority govern these systems and
the extent that they are consistent With right of privacy and due
process of law. The Commission is to make a thorough study
of the criteria of programs which govern the collection, dissemination
and use of personal information.
The Commission may inspect such records as it deems necessary;
may hold hearings and has subpoena powers with redress to the courts.
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Section 6 Agencies must give prior notice to OMB and Congress if
they intend to change any record systems which affect personal
rights.
Section 7 OMB is to provide guidelines to departments and agencies.
Section 8 The effective date of the law is 270 days after enactment.
Section 9 authorizes appropriation of $1, 500, 000 for fiscal years 1975
through 1977 with $750, 000 limitation for any one year.
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