PUBLIC LAW 93-579 93RD CONGRESS,S.3418

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82M00591R000500040017-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 16, 2016
• Document Release Date: May 6, 2005
• Sequence Number: 17
• Publication Date: December 31, 1974
• Content Type: REGULATION

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Public Law 93-579
93rd Congress, S. 3418
December 31, 1974
210 act
To amend title 5, United States Code, by adding a section 552a to safeguard
individual privacy from the misuse of Federal records, to provide that
individuals be granted access to records concerning them which are maintained
by Federal agencies, to establish a Privacy Protection Study Commission, and
for other purposes.
Be it enacted by the Segiat,' and house of Representatives of the
United States of America in Congress assembled, That this Act may Privaoy Aot
be cited as the "Privacy Act of 1974". of 1974.
5 USC 552a
SEC. 2. (a) The Congress finds that- note.
(1) the privacy of an individual is directly affected by the congressional
collection, maintenance, use, and dissemination of personal infor- findings.
mation by Federal agencies; 5 USC 552a
(2) the increasing use of computers and sophisticated infor- note.
matron technology, while essential. to the efficient operations of
the Government, has greatly magnified the harm to individual
privacy that can occur from any collection, maintenance, use, or
dissemination of personal information;
(3) the opportunities for an individual to secure employment,
insurance, and credit, and his right to due process, and other legal
protections are endangered by the misuse of certain information
systems ;
(4) the right to privacy is it personal and fundamental right
protected by the Constitution of the United States; and
(5) in order to protect the privacy of individuals identified in
information systems maintained by Federal agencies, it is neces-
sary and proper for the Congress to regulate the collection, main-
tenance, use, and dissemination of information by such agencies.
(b) The purpose of this Act is to provide certain safeguards for an statement of
individual against an invasion of personal privacy by requiring purpose.
Federal agencies, except as otherwise provided by law, to-
(1) permit an individual to determine what records pertaining
to him are collected, maintained, used, or disseminated by sucK
agencies;
(2) permit an individual to prevent records pertaining to him
obtained by such agencies for a particular purpose from being
used or made available for another purpose without his consent;
(3) permit an individual to gain access to information pertain-
ing to him in Federal agency records, to have a copy made of all
or any portion thereof, and to correct or amend such records;
(4) collect, maintain, use, or disseminate any record of identi-
fiable personal information in a manner that assures that such
action is for a necessary and lawful purpose, that the infor-
mation is current and accurate for its intended use, and that
adequate safeguards are provided to prevent misuse of such
information ;
(5) permit exemptions from the requirements with respect to
records provided in this Act only in those cases where there is an
important public policy need for such exemption as has been
determined by specific statutory authority; and
(6) be subject to civil suit for any damages which occur as a
result of willful or intentional action which violates any indi-
vidual's rights under this Act,
88 STAT. 1896
SEC. 3. Title 5, United States Code, is amended by adding after
section 552 the following new section :
68 STAT. 1s
38-081 O
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8B STAT. 1897 Pub. Law 93-579 December 31, 1974
5 i;SC 552a. " 552a. Records maintained on individuals
"(a) 1)r:rry rruaxs.-la or purposes of this section-
"(1) the term 'agency' means agency its defined in section
5 USC 552. ,55te(e) of this title;
"(2) the term `individual' means a citizen of the United States
or an alien lawfully admitted for permanent residence;
"(3) the term 'maintain' includes maintain. collect, use, or dis-
seminate
,
"(a) the term 'record' means any item, collection, or grouping
of information about an individual that is maintained by an
agency, including, but. not limited to, his education, financial
transactions, medical history, and criminal or employment history
and that contains his name, or the identifying number, symbol,
or other identifying particular assigned to the individual, such
as a linger or voice print or a photograph;
"(5) the term 'system of records' means a group of any records
under the control of any agency from which information is
retrieved by the name of the individual or by some identifying
number, symbol, or other identifying particular assigned to the
individual;
"(6) the term 'statistical record' means a record in a system
of records maintained for statistical research or reporting pur-
poses only and not used in whole or in part in making any deter-
mination about an identifiable individual, except as provided by
13 USC B. section 8 of title 13; and
"(7) the term 'routine us(,.' meanis, with respect to the dis-
closure of a record, the use of such record for a purpose which
is compatible with the, purpose for which it was collected.
"(b) CONDITIONS of Drscrusuiu,.-No agency shall disclose any
record which is contained in a system of records by any means of com-
munication to any person, or to another agency, except pursuant to a
written request by, or with the prior written consent of, the individual
to whom the record pertains, unless disclosure of the record would
be--
"(1) to those officers and employees of the agency which main-
tains the record who have a need for the record in the performance
of their duties;
"(2) required under section 5,52 of this title;
"(3) for a routine use as defined in subsection (a) (7) of this
section and described under subsection (e) (4) (D) of this section;
"(4) to the Bureau of the Census for purposes of planning or
carrying out it census or survey or related activity pursuant to
the provisions of title 13;
(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely as
it statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;
"(6) to the National Archives of the United States as a record
which has sufficient historical or other value to warrant its con-
tinued preservation by the United States Government, or for
evaluation by the Administrator of General Services or his
designee to determine whether the record has such value;
"(7) to another agency or to an instrumentality of any govern-
mental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the
activity is authorized by law, and if the head of the agency or
instrumentality has made it written request to the agency which
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ISp
88 STAT. 1898
maintains the record specifying the particular portion desired and
the law enforcement activity for which the record is sought;
"(8) to a person pursuant to a showing of compelling circum-
stances affecting the health or safety of an individual if upon such
disclosure notification is transmitted to the last known address of
such individual;
"(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof,
any joint committee of Congress or subcommittee of any such
joint committee;
"(10) to the Comptroller General, or any of his authorized rep-
resentatives, in the course of the performance of the duties of
the General Accounting Office; or
"(11) pursuant to the order of a court of competent jurisdic-
tion.
"(c) ACCOUNTING OF CERTAIN DlscLOSuREs.-Each agency, with
respect to each system of records under its control, shall-
"(1) except for disclosures made under subsections (b) (1) or
(b) (2) of this section, keep an accurate accounting of-
"(A) the date, nature, and purpose of each disclosure of
a record to any person or to another agency made under
subsection (b) of this secti,,n; and
"(B) the name and address of the person or agency to
whom the disclosure is made ;
"(2) retain the accounting made under paragraph (1) of this
subsection for at least five years or the life of the record, which-
ever is longer, after the disclosure for which the accounting is
made;
"(3) except for disclosures made under subsection (b) (7) of
this section, make the accounting made under paragraph (1) of
this subsection available to the individual named in the record
at his request; and
"(4) inform any person or other agency about any correction
or notation of dispute made by the agency in accordance with
subsection (d) of this section of any record that has been dis-
closed to the person or agency if an accounting of the disclosure
was made.
"(d) ACCESS To RECORDS.-Each agency that maintains a system
of records shall-
"(1) upon request by any individual to gain access to his Personal
record or to any information pertaining to him which is con- review.
tained in the system, permit him and upon his request, a person
of his own choosing to accompany him, to review the record and
have a copy made of all or any portion thereof in a form compre-
hensible to him, except that the agency may require the indi-
vidual to furnish a written statement authorizing discussion of
that individual's record in the accompanying person's presence;
"(2) permit the individual to request amendment of a record Amendment
pertaining to him and- request.
"(A) not later than 10 days (excluding Saturdays, Sun-
days, and leg^l public holidays) after the date of receipt of
such request, acknowledge in writing such receipt; and
" (B) promptly, either-
"(i) make any correction of any portion thereof
which the individual believes is not accurate, relevant,
timely, or complete; or
"(ii) inform the individual of its refusal to amend
the record in accordance with his request, the reason
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Pub. Law 93-579 - - December 31, 1974
88 SPAT. 1899
for the refusal the procedures established by the agency
for the individual to request a review of that refusal by
the head of the agency or an officer designated by the
head of the agency, and the name and business address
of that official;
Review. "(3) permit the individual who disagrees with the refusal of the
agency to amend his record to request a review of such refusal,
and not later than 30 days (excluding Saturdays, Sundays, and
legal public holidays) from the date on which the individual
requests such review, complete such review and make a final
determination unless, for good cause shown, the head of the agency
extends such 30-day period; and if, after his review the reviewing
official also refuses to amend the record in accordance with the
request, permit the individual to file with the agency a concise
statement setting forth the reasons for his disagreement with the
refusal of the agency, and notify the individual of the provisions
for judicial review of the reviewing official's determination under
subsection (g) (1) (A) of this section ;
Notation of "(4) in any disclosure, containing information about which
dispute. the individual has filed a statement of disagreement, occurring
after the filing of the statement under paragraph (3) of this sub-
section, clearly :note any portion of the record which is disputed
and provide copies of the statement and, if the agency deems it
appropriate, copies of a concise statement of the reasons of the
agency for not making the amendments requested, to persons or
other agencies to whom the disputed record has been disclosed;
and
"(5) nothing in this section shall allow an individual access to
any information compiled in reasonable anticipation of a civil
action or proceeding.
"(e) AGENCY REQUIREMENTS.-Each agency that maintains a
system of records shall-
"(1) maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose of
the agency required to be accomplished by statute or by executive
order of the President;
"(2) collect information to the greatest extent practicable
directly from the subject individual when the information may
result in adverse determinations about an individual's rights, bene-
fits, and privileges under Federal programs;
"(3) inform each individual whom it asks to supply informa-
tion, on the form which it uses to collect the information or on a
separate form that can be retained by the individual-
"(A) the authority (whether granted by statute, or by
executive order of the President) which authorizes the solici-
tation of the information and whether disclosure of such
information is mandatory or voluntary; .
"(B) the principal purpose or purposes for which the
information is intended to be used;
"(C) the routine uses which may be made of the informa-
tion, as published pursuant to paragraph (4) (1)) of this
subsection ; and
"(D) the effects on him, if any, of not providing all or
any part of the requested information;
Publioation "(4)' subject to the provisions of paragraph (11) of this sub.
in Federal section, publish in the Federal Register at least annually a notice
Register. of the existence and character of the system of records, which
notice shall include-
"(A) the name and location of the system;
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"(B) the categories of individuals on whom records are
maintained in the system ;
" C) the categories of records maintained in the system ;
"(D) each routine use of the records contained in the sys-
tem, including the categories of users and the purpose of such
use ;
"(E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and disposal
of the records;
"(F) the title and business address of the agency official
who is responsible for the system of records;
"(0) the agency procedures whereby an individual can be
notified at his request if the system of records contains a rec-
ord pertaining to him;
"(H) the agency procedures whereby an individual can be
notified at his request how he can gain access to any record
pertaining to him contained in the system of records, and how
he can contest its content; and
"(I) the categories of sources of records in the system;
"(5) maintain all records which are used by the agency in mak-
ing any determination about any individual with such accuracy,
relevance, timeliness, and completeness as is reasonably necessary
to assure fairness to the individual in the determination;
"(Q) prior to disseminating any record about an individual to
any person other than an a) one (y) unless the dissemination is
made pursuant to subsection 22 of this section, make reason-
able a orts to assure that such records are accurate, complete,
timely, and relevant for agency purposes;
"(?) maintain no record describing how any individual exer-
cises rights guaranteed by the First Amendment unless expressly
authorized by statute or by the individual about whom the record
is maintained or unless pertinent to and within the scope of an
authorized law enforcement activity;
"(8) make reasonable efforts to serve notice on an individual
when any record on such individual is made available to any per-
son under compulsory legal process when such process becomes a
matter of public record;
"(9) establish rules of conduct for persons involved in the
design, development, operation, or maintenance of any system of
records, or in maintaining any record, and instruct each such per-
son with respect to such rules and the requirements of this section,
including any other rules and procedures adopted pursuant to this
section and the penalties for noncompliance;
"(10) establish appropriate administrative, technical, and
physical safeguards to insure the security and confidentiality of
records and to protect against any anticipated threats or hazards
to their security or integrity which could result in substantial
harm, embarrassment, inconvenience, or unfairness to any individ-
ual on whom information is maintained; and
"(11) at least 30 days prior to publication of information under
paragraph (4) (D) of this subsection, publish in the Federal
Register notice of any new use or intended use of the information
in the system, and provide an opportunity for interested persons to
submit written data, views, or arguments to the agency.
"(f) AOENCY RULES.-In order to carry out the provisions of this
section, each agency that maintains a system of records shall pro-
mulgate rules, in accordance with the requirements (including general
notice) of section 553 of this title, which shall-
"(1) establish procedures whereby an individual can be notified
Rules of
oonduot.
Confidentiality
of records.
Publioation
in Federal
Register.
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Pub. Law 93-579 - u - December 31, 1974
in response to his request if any system of records named by the
individual contains a record pertaining to him;
"(2) define reasonable times, places, and requirements for iden-
tifying an individual who requests his record or information
pertaining to him before the agency shall make the record or
.niorniation available to the individual;
"(3) establish procedures for the disclosure to an individual
upon his request of his record or information pertaining to him,
including special procedure, if deemed necessary, for the disclo-
sure to an individual of medical records, including psychological
records, pertaining to him;
"(4) establish procedures for reviewing a request from an
individual concerning the amendment of any record or informa-
tion pertaining to the individual, for making a determination on
the request, for an appeal within the agency of an initial adverse
agency determination, and for whatever additional means may be
necessary for each individual to be able to exercise fully his rights
under this section; and
Fees. "(5) establish fees to be charged, if any, to any individual for
making copies of his record, excluding the cost of any search for
and review of the record.
Publication The Office of the Federal Register shall annually compile and publish
in Federal the rules promulgated under this subsection and agency notices pub-
Register. lished under subsection (e) (4) of this section in a form available to
the public at low cost.
"(g) (1) CIVIL REMEDIEs.-Whenever any agency
"(A) makes a determination under subsection (d) (3) of this
section not to amend an individual's record in accordance with
his request, or fails to make such review in conformity with that
subsection ;
"(B) refuses to comply with an individual request under sub-
section (d) (1) of this section;
"(C) fails to maintain any record concerning any individual
with such accuracy, relevance, timeliness, and completeness as is
necessary to assure fairness in any determination relating to the
qualifications, character, rights, or opportunities of, or benefits to
the individual that may be made on the basis of such record, and
consequently a determination is made which is adverse to the
individual; or
"(I)) fails to comply with any other provision of this section,
or any rule promulgated thereunder, in such a way as to have
an adverse effect on an individual,
Jurisdiction. the individual may bring a civil action against the agency, and the
district courts of the United States shall have jurisdiction in the
matters under the provisions of this subsection.
Amendment "(2) (A) In any suit brought under the provisions of subsection
of record. (g) (1) (A) of this section, the court may order the agency to amend
the individual's record in accordance with his request or in such other
way as the court may direct. In such a case the court shall determine
the matter de novo.
"(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially
prevailed.
Injunction. "(3) (A) In any suit brought under the provisions of subsection
(g) (1) (B) of this section, the court may enjoin the agency from with-
holding the records and order the production to the complainant of any
agency records improperly withheld from him. In such a case the court
shall determine the matter de novo, and may examine the contents of
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December 31, 1974 Pub. Law 93-579
any agency records in camera to determine whether the records or any
portion thereof may be withheld under any of the exemptions set forth
in subsection (k) of this section, and the burden is on the agency to
sustain its action.
"(B) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred in any case
under this paragraph in which the complainant has substantially
prevailed.
"(4) In any suit brought under the provisions of subsection Damages.
(g) (1) (C) or (D) of this section in which the court determines that
the agency acted in a manner which was intentional or willful, the
United States shall be liable to the individual in an amount equal to
the sum of-
"(A) actual damages sustained by the individual as a result of
the refusal or failure, but in no case shall a person entitled to
recovery receive less than the sum of $1,000; and
"(B) the costs of the action together with reasonable attorney
fees as determined by the court.
"(5) An action to enforce any liability created under this section
may be brought in the district court of the United States in the district
in which the complainant resides, or has his principal place of business,
or in which the agency records are situated, or in the District of Colum-
bia, without regard to the amount in controversy, within two years
from the date on which the cause of action arises, except that where
an agency has materially and willfully misrepresented any informa-
tion required under this section to be disclosed to an individual and
the information so misrepresented is material to establishment of
the liability of the agency to the individual under this section, the
action may be brought at any time within two years after discovery by
the individual of the misrepresentation. Nothing in this section shall
be construed to authorize any civil action by reason of any injury sus-
tained as the result of a disclosure of a record prior to the effective date
of this section.
"(h) RIGHTS OF LEGAL GUARDIANs.-For the purposes of this section,
the parent of any minor, or the legal guardian of any individual who
has been declared to be incompetent due to physical or mental inca-
pacity or age by a court of competent jurisdiction, may act on behalf
of the individual.
"(i) (1) CRIMINAL PENALTIES.-Any officer or employee of an
agency, who by virtue of his employment or official position, has pos-
session of, or access to, agency records which contain individually
identifiable information the disclosure of which is prohibited by this
section or by rules or regulations established thereunder, and who
knowing that disclosure of the specific material is so prohibited, will-
fully discloses the material in any manner to any person or agency not
entitled to receive it, shall be guilty of a misdemeanor and fined not
more than $5,000.
"(2) Any officer or employee of any agency who willfully maintains
a system of records without meeting the notice requirements of sub-
section (e) (4) of this section shall be guilty of a misdemeanor and fined
not more than $5,000.
"(3) Any person who knowingly and willfully requests or obtains
any record concerning an individual from an agency under false pre-
tenses shall be guilty of a misdemeanor and fined not more than $5,000.
" (j) GENERAL. EXEMPTIONS.-The head of any agency may promul-
gate rules, in accordance with the requirements (including general
notice) of sections 553 (b) (1), (2), and (3), (c), and (e) of this title, 5 USC 553.
to exempt any system of records within the agency from any part of
this section except subsections (b), (c) (1) and (2), (e) (4) (A) through
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BB STAT. 1903 Pub. Law 93-579 - b - December 31, 1974
(F), (e) (6), (7), (9), (10), and (11), and (i) if the system of records
is-
"(1 maintained by the Central Intelligence Agency; or
"(2 maintained by an agency or component thereof which
performs as its principal function any activity pertaining to the
enforcement of criminal laws, including police efforts to prevent,
control or reduce crime or to apprehend criminals, and the activ-
ities of prosecutors, courts, correctional, probation, pardon, or
parole authorities, and which consists of (A) information com-
piled for the purpose of identifying individual criminal offenders
and alleged offenders and consisting only of identifying data
and notations of arrests, the 'nature and disposition of criminal
charges, sentencing, confinement, release, and parole and proba-
tion status; (I1) information compiled for the purpose of a
criminal investigation, including reports of informants and
investigators, and associated with an identifiable individual; or
(C) reports identifiable to an individual compiled at any stage
of the process of enforcement of the criminal laws from arrest
or indictment throw h release from supervision.
At the time rules are adopted tinder this subsection, the agency shall
5 USC 553. include in the statement required under section 558(c) of this-title,
the reasons why the system of records is to be exempted from a pro-
vision of this section.
"(k) SrEmpic ExmPTioNS.-The head of any agency may pro-
mulgate rules, in accordance with the requirements (includingg general
notice) of sections 558(b (1), (2), and (8), (c), and (e) of tins title,
to exempt any system of records within the agency from subsections
(c) (8), (d), (e) (1), (e) (4) (G), (H), and (I) and (f) of this sec-
tion if the system of records is--
5 use 552. 1) subject to the provisions of section 552(b) (1) of this title;
"(2) investigatory material compiled for law enforcement pur-
poses, other than material within the scope of subsection (j) (2)
of this section: Provided, however, That if any individual is
denied any right, privilege, or benefit that he would otherwise
be entitles) by Federal law, or for which he would otherwise be
eligible, as a result of the maintenance of such material, such
material shall be provided to such individual, except to the extent
that the disclosure of such material would reveal the identity of
a source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to the effective date of this section under
an implied promise that the identity of the source would be held
in confidence;
"(3) maintained in connection with providing protective serv-
ices to the President of the United States or other individuals
18 USC 3056. pursuant to section 3056 of title 18;
"(4) required by statute to be maintained and used solely as
statistical records ;
"(5) investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment, military service, Federal contracts, or
access to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express
promise that the identity of the source would be held in confi-
dence, or, prior to the effective date of this section, under an
implied promise that the identity of the source would be held in
confidence;
"(6) testing or examination material used solely to determine
individual qualifications for appointment or promotion in the
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December 31, 1974
Federal service the disclosure of which would compromise the
objectivity or fairness of the testing or examination process; or
(7) evaluation material used to determine potential for pro-
motion in the armed services, but only to the extent that the
disclosure of such material would reveal the identity of a source
who furnished information to the Government under an express
promise that the identity of the source would be held in confi-
dence, or, prior to the effective date of this section, under an
implied promise that the identity of the source would be held in
confidence.
At the time rules are adopted under this subsection, the agenncry shall
include in the statement required under section 553 (c) of this title, 5 USC 553.
the reasons why the system of records is to be exempted from a pro-
vision of this section.
"(.1) (1) ARCIIIV.L R1i ims.-Each agency record which is accepted
by t1he Administrator of General Services for storage, processing, and
servicing in accordance with section 3103 of title 44 shall, for the pur- 44 USC 31039
poses of this section, be considered to be maintained by the agency
which deposited the record and shall be subject to the provisions of
this section. The Administrator of General Services shall not disclose
the record except to the agency which maintains the record, or under
rules established by that agency which are not inconsistent with the
pl'OViRIn ns of this section.
ei (2) Each agency record pertaining to an identifiable individual
which was transferred to the National Archives of the United States
as a record which has sufficient historical or other value to warrant
its continued preservation by the United States Government, prior to
the effective date of this section shall for the purposes of this section
be considered to be maintained by the National Archives and shall
not be subject to the provisions of this section, except that a statement Pubijoation
generally describing such records (modeled after the requirements
relating to records subject to subsections (e) (4) (A) through (G) of Register.
this section) shall be published in the Federal Register.
"(3) Each agency record pertaining to an identifiable individual
which is transferred to the National Archives of the United States as
a record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, on or after
the effective date of this section, shall, for the purposes of this section,
be considered to be maintained by the National Archives and shall be
exempt from the requirements of this section except subsections (e) (4)
(A) through (G) and (e) (9) of this section.
"(inl) Gov1SRNMiNT CONTRACTORS.-When an agency provides by a
contract for the operation by or on behalf of the agency of a system
of records to accomplish an agency function, the agency shall, con-
sistent with its authority, cause the requirements of this section to be
applied to such system. For purposes of subsection (i) of this section
any such contractor and any employee of sneer contractor, if such
contract is a reed to on or after the effective date of this section, shall
be considered to be an employee of an agency.
"(n MAILING LISTS.-An individual's name and address may not
be sold or rented by an agency unless such action is specifically author-
ized by law. This provision shall not be construed to require the
withholding of names and addresses otherwise permitted to be made
public.
"(o) REPORT ON NEW SYSTEMS.-Each agency shall provide adequate Notice to
advance notice to Congress and the Office of branagement and Budget Congress and
of any proposal to establish or alter any system of records in order 0Ma.
to permit an evaluation of the probable or potential effect of such
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Pub. Law 93-579 - iU - December 31, 1974
68 STAT. 1905
proposal on the privacy and other personal or property rights of
individuals or the disclosure of information relating to such indi-
viduals, and its effect on the preservation of the constitutional
principles of federalism and separation of powers.
Report to "(p) ANNUAL REPORT.-The President shall submit to the Speaker
Speaker of of the House and the President of the Senate, by June 30 of each
the House calendar year, a consolidated report, separately listing for each Fed-
and Presi_ eral agency the number of records contained in any system of records
dent the which were exempted from the application of this section under the
Senate. . provisions of subsections (j) and (k) of this section during the pre-
ceding calendar year, and the, reasons for the exemptions, and such
other information as indicates efforts to administer fully this section.
(q) EFFECT or Oau-IER LAWS.-No agency shall rely on any exemp-
5 USC 552. tion contained in section 552 of this title to withhold from an indi-
vidual any record which is otherwise accessible to such individual
under the provisions of this section.".
5 USC prec. SEC. 4. The chapter analysis of chapter 5 of title 5, United States
500. Code, is amended by inserting::
"552a. Records about individuals."
immediately below :
"552. Public Information ; agency rulles, opinions, orders, and proceedings.".
Privacy Pro- SEC. 5. (a) (1) There is established a Privacy Protection Study
tection Study Commission (hereinafter referred to as the "Commission") which
Commission. shall be composed of seven members as follows:
Establishment. (A) three appointed by the President of the United States,
5 Usc 552a (B) two appointed by the President of the Senate, and
note.
Membership. (C) two appointed by the Speaker of the House of Representa-
tives.
Members of the Commission shall be chosen from among persons who,
by reason of their knowledge and expertise in any of the following
areas-civil rights and liberties, law, social sciences, computer tech-
nology, business, records management, and State and local govern-
ment-are well qualified for service on the Commission.
(2) The members of the Commission shall elect a Chairman from
among themselves.
Vacancies. (3) Any vacancy in the membership of the Commission, as long as
there are four members in office, shall not impair the power of the
Commission but shall be filled in the same manner in which the original
appointment was made.
(4) A quorum of the Commission shall consist of a majority of
the members, except that the Commission may establish a lower num-
ber as a quorum for the purpose of taking testimony. The Com-
mission is authorized to establish such committees and delegate such
authority to them as may be necessary to carry out its functions.
Each member of the Commission, including the Chairman, shall have
equal responsibility and authority in all decisions' and actions of the
Commission, shall have full access to all information necessary to the
performance of their functions, and shall have one vote. Action of
the Commission shall be determined by a majority vote of the mem-
bers present. The Chairman (or a member designated by the Chair-
man to be acting Chairman) shall be the official spokesman of the
Commission in its relations with the Congress, Government agencies,
other persons, and the public, and, on behalf of the Commission, shall
see to the faithful execution of the administrative policies and deci-
sions of the Commission, and shall report thereon to the Commission
from time to time or as the Commission may direct.
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88 STAT. 1906
(5) (A) Whenever the Commission submits any budget estimate Budget
or request to the President or the Office of Management and Budget, requests.
it shall concurrently transmit a copy of that request to Congress.
(B) Whenever the Commission submits any legislative recommen- Legislative
dations, or testimony, or comments on legislation to the President or recommen-
Oflice of Management and Budget, it shall concurrently transmit a copy dations.
thereof to the Congress. No officer or agency of the United States
shall have any authority to require the Commission to submit its
legislative recommendations, or testimony, or comments on legisla-
tion, to any officer or agency of the United States for approval, com-
ments, or review, prior to the submission of such recommendations,
testimony, or comments to the Congress.
(b) The Commission shall-
(1) make a study of the data banks, automated data process- Study.
ing programs, and information systems of governmental,
regional, and private organizations, in order to determine the
standards and procedures in force for the protection of personal
information; and
(2) recommend to the President and the Congress the extent,
if any, to which the requirements and principles of section 552a
of title 5, United States Code, should be'applied to the informa- Ante, p. 1897.
tion practices of those organizations by legislation, administrative
action, or voluntary adoption of such requirements and principles,
and report on such other legislative recommendations as it may
determine to be necessary to protect the privacy of individuals
while meeting the legitimate needs of government and society for
information.
(c) (1) In the course of conducting the study required under sub-
section (b) (1) of this section, and in its reports thereon, the Com-
mission may research, examine, and analyze-
(A) interstate transfer of information about individuals that
is undertaken through manual files or by computer or other elec-
tronic or telecommunications means;
(B) data banks and information programs and systems the
operation of which significantly or substantially affect the enjoy-
ment of the privacy and other personal and property rights of
individuals ;
(C) the use of social. security numbers, license plate numbers,
universal identifiers, and other symbols to identify individuals
in data banks and to gain access to, integrate, or centralize
information systems and files; and
(I)) the matching and analysis of statistical data, such as
Federal census data, with other sources of personal data, such as
automobile registries and telephone directories, in order to
reconstruct individual responses to statistical questionnaires for
commercial or other purposes, in a way which results in a
violation of the implied or explicitly recognized confidentiality
of such information.
(2) (A) The Commission may include in its examination personal
information activities in the following areas: medical; insurance;
education; employment and personnel; credit, banking and financial
institutions; credit bureaus; the commercial reporting industry; cable
television and other telecommunications media; travel, hotel and
entertainment reservations; and electronic check processing.
(B) The Commission shall include in its examination a study of-
(i) whether a person engaged in interstate commerce who
maintains a mailing list should be required to remove an
individual's name and address from such list upon request of
that individual;
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Pub. Law 93-579 - i~ - December 31, 1974
(ii) whether the Internal Revenue Service should be pro-
hibited from transfering individually indentifiable data to other
agencies and to agencies of State governments;
(iii) whether the Federal Government should be liable for
general damages incurred by an individual as the result of a will-
ul or intentional. violation of the provisions of sections 552a (g)
Ante, p. 1897. (1) (C) or (D) of title 5, United States Code; and
(iv) whether and how the standards for security and con-
fidentiality of records required tinder section 552a (e) (10) of
such title should be applied when a record is disclosed to a
person other than an agency.
Religious or- (C) The Commission may study such other personal information
ganizations, activities necessary to carry out the congressional policy embodied in
exoeption. this Act, except that the Commission shall not investigate information
systems maintained by religious organizations.
Guidelines (3) In conducting such study, the Commission shall---
for study. (A) determine what laws, Executive orders, regulations,
directives, and judicial decisions govern the activities under study
and the extent to which they are consistent with the rights of
privacy, due process of law, and other guarantees in the.
Constitution ;
(13) determine to what extent governmental and private
information systems affect Federal-State relations or the
prin6ple of separation of powers;
(C) examine the standards and criteria governing programs,
policies, and practices relating, to the collection, solicitin
processing, use access, integration, dissemination, and transmis
stun of personal information; and
D) to the maximum extent practicable, collect and utilize
fin ings, reports, studies, hearing transcripts, and recommenda-
tions of governmental, legislative and private bodies, institutions,
organizations, and individuals which pertain to the problems
under study by the Commission.
(d) In addition to its other functions the Commission may--
(1) request assistance of the heads of appropriate departments
agencies, and instrumentalities of the Federal Government, of
State and local governments, and other persons in carrying out
its functions under this Act;
(2) upon request, assist Federal agencies in complying with the
requirements of section 552a of title 5, United States Code;
(3) determine what specific categories of information, the col-
lection of which would violate an individual's right of privacy,
should be prohibited by statute from collection by Federal agen-
cies; and
(4) upon request, prepare model legislation for use by State
and local governments in establishing procedures for handling,
maintaining, and disseminating personal information at the State
and local level and provide such technical assistance to State and
local governments as they may require in the preparation and
implementation of such legislation.
these section, co duct such n inspections, sinout act its at such functions under
and
places, hold such hearings, take such testimony, require by subpena
the attendance of such witnesses and the production of such books,
records, papers, correspodence, and documents, administer such
oaths, have such printing and binding done, and make such expendi-
tures as the Commission deems advisable. A subpena shall be issued
only upon an affirmative vote of a majority of all members of the Com-
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88 SPAT. 1908
mission. Subpenas shall be issued under the signature of the Chair-
man or any member of the Commission designated by the Chairman
and shall be served by any person designated by the chairman or any
such member. Any member of the Commission may administer oaths
or affirmations to witnesses appearing before the Commission.
(2) (A) Each department, agency, and instrumentality of the execu-
tive branch of the Government is authorized to furnish to the Com-
mission, upon request made by the Chairman, such information, data,
reports and such other assistance as the Commission deems necessary
to carry out its functions under this section. Whenever the head of Reports,
any such department, agency, or instrumentality submits a report transmittal
pursuant to section 552a (o) of title 5, United States Code, a copy to Commission.
of such report shall be transmitted to the Commission. Ante, p. 1897.
(B) In carrying out its functions and exercising its powers under
this section, the Commission may accept from any such department,
agency, independent instrumentality, or other person any individu-
ally indentifiable data if such data is necessary to carry out such powers
and functions. In any case in which the Commission accepts any
such information, it shall assure that the information is used only
for the purpose for which it is provided, and upon completion of that
purpose such information shall be destroyed or returned to such de-
partment, agency, independent instrumentality, or person from which
it is obtained, as appropriate.
(3) The Commission shall have the power to
(A) appoint and fix the compensation of an executive director,
and such additional staff personnel as may be necessary, without
regard to the provisions of title 5, United States Code, govern-
ing appointments in the competitive service, and without regard
to chapter 51 'tnd subchapter III of chapter 53 of such title re- 5 USC 5101,
lating to classification and General Schedule pay rates, but at rates 5331.
not in excess of the maximum rate for GS-18 of the General
Schedule under section 5332 of such title; and 5 USC 5332
(B) procure temporary and intermittent services to the same note.
extent as is authorized by section 3109 of title 5, United States
Code.
The Commission may delegate any of its functions to such personnel
of the Commission as the Commission may designate and may
authorize such successive redelegations of such functions as it may
deem desirable.
(4) The Commission is authorized-
(A) to adopt, amend, and repeal rules and regulations govern- Rules and
ing the manner of its operations, organization, and personnel; regulations.
(B) to enter into contracts or other arrangements or modifica-
tions thereof, with any government, any department, agency, or
independent instrumentality of the United States, or with any
person, firm, association, or corporation, and such contracts or
other arrangements, or modifications thereof, may be entered into
without legal consideration, without performance or other bonds,
and without regard to section 3709 of the Revised Statutes, as
amended (41 U.S.C. 5) ;
(C) to make advance, progress and other payments which the
Commission deems necessary under this Act without regard to
the provisions of section 3848 of the Revised Statutes, as amended
(31 U.S.C. 529); and
(D) to take such other action as may be necessary to carry out
its functions under this section.
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88 STAT. 1909 Pub. Law 93-579 .4 - December 31, 1974
Compensation. (f) (1) Each [the] member of the Commission who is an officer or
employee of the United States shall serve without additional compen-
sation, but shall continue to receive the salary of his regular position
when engaged in the performance of the duties vested in the Com-
mission.
Per diem. (2) A member of the Commission other than one to whom paragraph
(1) applies shall receive per diem at the maximum daily rate for
5 usC 5332 GS-18 of the General Schedule when engaged in the actual per-
note. formance of the duties vested in the Commission.
Travel ex- (3) All members of the Commission shall be reimbursed for travel,
penes. subsistence, and other necessary expenses incurred by them in the per-
formance of the duties vested in the Commission.
Report to (g) The Commission shall, from time to time, and in an annual
President report, report to the President and the Congress on its activities in
and Congress. carrying out the provisions of this section. The Commission shall make
a final report to the President and to the Congress on its findings
pursuant to the study required to be made, under subsection (b) (1)
of this section not later than two years from the date on which all of
the members of the Commission are appointed. The Commission shall
cease to exist thirty clays after the date on which its final report is
submitted to the President and the Congress.
Penalties. (h) (1) Any member, officer, or employee of the Commission, who
by virtue of his employment or official position, has possession of, or
access to, agency records which contain individually identifiable infor-
mation the disclosure of which is prohibited by this section, and who
knowing that disclosure of the specific material is so prohibited, will-
fully discloses the material in any manner to any person or agency
not entitled to receive it, shall be guilty of a misdemeanor and fined
not more than $5,000.
(2) Any person who knowingly and willfully requests or obtains
any record concerning an individual from the Commission under false
pretenses shall be guilty of a misdemeanor and fined not more than
$5,000.
5 USC 552a SEc. 6. The Office of Management and Budget shall-
note. (1) develop guidelines and regulations for the use of agencies
in implementing the provisions of section 552a of title 5, United
Ante, p. 1897. States Code, as added by section 3 of this Act; and
(2) provide continuing assistance to and oversight of the im-
plementation of the provisions of such section by agencies.
5 USC 552a SEC. 7. (a) (1) It shall be unlawful for any Federal, State or local
note. government agency to deny to any individual any right, benefit, or
privilege provided by law because of such individual's refusal to dis-
close his social security account number.
(2) the provisions of paragraph (1) of this subsection shall not
apply with respect to-
(A) any disclosure which is required by Federal statute, or
(B) the disclosure of a social security number to any Federal,
State, or local agency maintaining a system of records in existence
and operating before January 1, 1975, if such disclosure was
required under statute or regulation adopted prior to such date to
verify the identity of an individual.
(b) Any Federal, State, or local government agency which requests
an individual to disclose his social security account number shall
inform that individual whether that disclosure is mandatory or volun-
tary, by what statutory or other authority such number is solicited,
and what uses will be made of it.
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88 STAT. 1910
SEC. 8. The provisions of this Act shall be effective on and after the Effective date.
date of enactment, except that the amendments made by sections 3 and 5 USC 552a
4 shall become effective-270 days following the day on which this Act note.
is enacted.
SEC. 9. There is authorized to be appropriated to carry out the pro- Appropriation.
visions of section 5 of this Act for fiscal years 1975, 19761 and 1977 the 5 USC 552a
sum of $1,500,000, except that not more than $750,000 may be expended note.
during any such fiscal year.
Approved December 31, 1974.
HOUSE REPORT No. 93-1416 accompanying H.R. 16373 (Comm. on Government
Operations).
SENATE REPORT No. 93-1183 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 120 (1974):
Nov. 21, considered and passed Senate.
Dec. 11, considered and passed House, amended, in lieu of
H.R. 16373.
Dec. 17, Senate concurred in House amendment with amendments.
Dec. 18, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 1:
Jan. 1, Presidential statement,
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