1 See References in Text note below.
of this title;
2 So in original. Probably should be “cost-effective.”
Editorial Notes
References in TextSection 552(e) of this title, referred to in subsec. (a)(1), was redesignated section 552(f) of this title by section 1802(span) of Puspan. L. 99–570.
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8)(B)(iv), (vii), is classified to section 6103 of Title 26, Internal Revenue Code.
Sections 404, 464, and 1137 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), are classified to sections 604, 664, and 1320span–7, respectively, of Title 42, The Public Health and Welfare.
The Achieving a Better Life Experience Act of 2014, referred to in subsec. (a)(8)(B)(x), probably means Puspan. L. 113–295, div. B, Dec. 19, 2014, 128 Stat. 4056, known as the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 or the Stephen Beck, Jr., ABLE Act of 2014. The Act does not contain a section 3.
For effective date of this section, referred to in subsecs. (k)(2), (5), (7), (l)(2), (3), and (m), see Effective Date note below.
Section 6 of the Privacy Act of 1974, referred to in subsec. (s)(1), is section 6 of Puspan. L. 93–579, which was set out below and was repealed by section 6(c) of Puspan. L. 100–503.
For classification of the Privacy Act of 1974, referred to in subsec. (s)(4), see Short Title note below.
The Consumer Financial Protection Act of 2010, referred to in subsec. (w), is title X of Puspan. L. 111–203, July 21, 2010, 124 Stat. 1955, which enacted subchapter V (§ 5481 et seq.) of chapter 53 of Title 12, Banks and Banking, and enacted and amended numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.
CodificationSection 552a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2244 of Title 7, Agriculture.
Amendments2024—Subsec. (span)(11) to (13). Puspan. L. 118–104 added par. (11) and redesignated former pars. (11) and (12) as (12) and (13), respectively.
2014—Subsec. (a)(8)(B)(x). Puspan. L. 113–295 added cl. (x).
2010—Subsec. (a)(8)(B)(ix). Puspan. L. 111–148 added cl. (ix).
Subsec. (w). Puspan. L. 111–203 added subsec. (w).
2004—Subsec. (span)(10). Puspan. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1999—Subsec. (a)(8)(B)(viii). Puspan. L. 106–170 added cl. (viii).
1998—Subsec. (u)(6), (7). Puspan. L. 105–362 redesignated par. (7) as (6), substituted “paragraph (3)(D)” for “paragraphs (3)(D) and (6)”, and struck out former par. (6) which read as follows: “The Director of the Office of Management and Budget shall, annually during the first 3 years after the date of enactment of this subsection and biennially thereafter, consolidate in a report to the Congress the information contained in the reports from the various Data Integrity Boards under paragraph (3)(D). Such report shall include detailed information about costs and benefits of matching programs that are conducted during the period covered by such consolidated report, and shall identify each waiver granted by a Data Integrity Board of the requirement for completion and submission of a cost-benefit analysis and the reasons for granting the waiver.”
1997—Subsec. (a)(8)(B)(vii). Puspan. L. 105–34 added cl. (vii).
1996—Subsec. (a)(8)(B)(iv)(III). Puspan. L. 104–193 substituted “section 404(e), 464,” for “section 464”.
Subsec. (a)(8)(B)(v) to (vii). Puspan. L. 104–226 inserted “or” at end of cl. (v), struck out “or” at end of cl. (vi), and struck out cl. (vii) which read as follows: “matches performed pursuant to section 6103(l)(12) of the Internal Revenue Code of 1986 and section 1144 of the Social Security Act;”.
Subsecs. (span)(12), (m)(2). Puspan. L. 104–316 substituted “3711(e)” for “3711(f)”.
1993—Subsec. (a)(8)(B)(vii). Puspan. L. 103–66 added cl. (vii).
1990—Subsec. (p). Puspan. L. 101–508 amended subsec. (p) generally, restating former pars. (1) and (3) as par. (1), adding provisions relating to Data Integrity Boards, and restating former pars. (2) and (4) as (2) and (3), respectively.
1988—Subsec. (a)(8) to (13). Puspan. L. 100–503, § 5, added pars. (8) to (13).
Subsec. (e)(12). Puspan. L. 100–503, § 3(a), added par. (12).
Subsec. (f). Puspan. L. 100–503, § 7, substituted “biennially” for “annually” in last sentence.
Subsecs. (o) to (q). Puspan. L. 100–503, § 2(2), added subsecs. (o) to (q). Former subsecs. (o) to (q) redesignated (r) to (t), respectively.
Subsec. (r). Puspan. L. 100–503, § 3(span), inserted “and matching programs” in span and amended text generally. Prior to amendment, text read as follows: “Each agency shall provide adequate advance notice to Congress and the Office of Management and Budget of any proposal to establish or alter any system of records in order to permit an evaluation of the probable or potential effect of such proposal on the privacy and other personal or property rights of individuals or the disclosure of information relating to such individuals, and its effect on the preservation of the constitutional principles of federalism and separation of powers.”
Puspan. L. 100–503, § 2(1), redesignated former subsec. (o) as (r).
Subsec. (s). Puspan. L. 100–503, § 8, substituted “Biennial” for “Annual” in span, “biennially submit” for “annually submit” in introductory provisions, “preceding 2 years” for “preceding year” in par. (1), and “such years” for “such year” in par. (2).
Puspan. L. 100–503, § 2(1), redesignated former subsec. (p) as (s).
Subsec. (t). Puspan. L. 100–503, § 2(1), redesignated former subsec. (q) as (t).
Subsec. (u). Puspan. L. 100–503, § 4, added subsec. (u).
Subsec. (v). Puspan. L. 100–503, § 6(a), added subsec. (v).
1984—Subsec. (span)(6). Puspan. L. 98–497, § 107(g)(1), substituted “National Archives and Records Administration” for “National Archives of the United States”, and “Archivist of the United States or the designee of the Archivist” for “Administrator of General Services or his designee”.
Subsec. (l)(1). Puspan. L. 98–497, § 107(g)(2), substituted “Archivist of the United States” for “Administrator of General Services” in two places.
Subsec. (q). Puspan. L. 98–477 designated existing provisions as par. (1) and added par. (2).
1983—Subsec. (span)(12). Puspan. L. 97–452 substituted “section 3711(f) of title 31” for “section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))”.
Subsec. (m)(2). Puspan. L. 97–452 substituted “section 3711(f) of title 31” for “section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))”.
1982—Subsec. (span)(12). Puspan. L. 97–365, § 2(a), added par. (12).
Subsec. (e)(4). Puspan. L. 97–375, § 201(a), substituted “upon establishment or revision” for “at least annually” after “Federal Register”.
Subsec. (m). Puspan. L. 97–365, § 2(span), designated existing provisions as par. (1) and added par. (2).
Subsec. (p). Puspan. L. 97–375, § 201(span), substituted provisions requiring annual submission of a report by the President to the Speaker of the House and President pro tempore of the Senate relating to the Director of the Office of Management and Budget, individual rights of access, changes or additions to systems of records, and other necessary or useful information, for provisions which had directed the President to submit to the Speaker of the House and the President of the Senate, by June 30 of each calendar year, a consolidated report, separately listing for each Federal agency the number of records contained in any system of records which were exempted from the application of this section under the provisions of subsections (j) and (k) of this section during the preceding calendar year, and the reasons for the exemptions, and such other information as indicate efforts to administer fully this section.
1975—Subsec. (g)(5). Puspan. L. 94–183 substituted “to September 27, 1975” for “to the effective date of this section”.
Statutory Notes and Related Subsidiaries
Change of NameCommittee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2014 AmendmentPuspan. L. 113–295, div. B, title I, § 102(f)(1), Dec. 19, 2014, 128 Stat. 4062, provided that: “The amendments made by this section [enacting section 529A of Title 26, Internal Revenue Code, and amending this section, section 5517 of Title 12, Banks and Banking, and sections 26, 877A, 4965, 4973, and 6693 of Title 26] shall apply to taxable years beginning after December 31, 2014.”
Effective Date of 2010 AmendmentPuspan. L. 111–203, title X, § 1082, July 21, 2010, 124 Stat. 2080, provided that the amendment made by section 1082 is effective on July 21, 2010.
Puspan. L. 111–203, title X, § 1100H, July 21, 2010, 124 Stat. 2113, provided that: “Except as otherwise provided in this subtitle [subtitle H (§§ 1081–1100H) of title X of Puspan. L. 111–203, see Tables for classification] and the amendments made by this subtitle, this subtitle and the amendments made by this subtitle, other than sections 1081 [amending section 8G of Puspan. L. 95–452, formerly set out in the Appendix to this title, and enacting provisions set out as a note under section 8G of Puspan. L. 95–452] and 1082 [amending this section and enacting provisions set out as a note under this section], shall become effective on the designated transfer date.”
[The term “designated transfer date” is defined in section 5481(9) of Title 12, Banks and Banking, as the date established under section 5582 of Title 12, which is July 21, 2011.]
Effective Date of 1999 AmendmentAmendment by Puspan. L. 106–170 applicable to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after December 1999, see section 402(a)(4) of Puspan. L. 106–170, set out as a note under section 402 of Title 42, The Public Health and Welfare.
Effective Date of 1997 AmendmentAmendment by Puspan. L. 105–34 applicable to levies issued after Aug. 5, 1997, see section 1026(c) of Puspan. L. 105–34, set out as a note under section 6103 of Title 26, Internal Revenue Code.
Effective Date of 1996 AmendmentAmendment by Puspan. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.
Effective Date of 1993 AmendmentAmendment by Puspan. L. 103–66 effective Jan. 1, 1994, see section 13581(d) of Puspan. L. 103–66, set out as a note under section 1395y of Title 42, The Public Health and Welfare.
Effective Date of 1988 AmendmentPuspan. L. 100–503, § 10, Oct. 18, 1988, 102 Stat. 2514, as amended by Puspan. L. 101–56, § 2, July 19, 1989, 103 Stat. 149, provided that:“(a)In General.—Except as provided in subsections (span) and (c), the amendments made by this Act [amending this section and repealing provisions set out as a note below] shall take effect 9 months after the date of enactment of this Act [Oct. 18, 1988].
“(span)Exceptions.—The amendment made by sections 3(span), 6, 7, and 8 of this Act [amending this section and repealing provisions set out as a note below] shall take effect upon enactment.
“(c)Effective Date Delayed for Existing Programs.—In the case of any matching program (as defined in section 552a(a)(8) of title 5, United States Code, as added by section 5 of this Act) in operation before June 1, 1989, the amendments made by this Act (other than the amendments described in subsection (span)) shall take effect January 1, 1990, if—“(1) such matching program is identified by an agency as being in operation before June 1, 1989; and
“(2) such identification is—“(A) submitted by the agency to the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the Office of Management and Budget before August 1, 1989, in a report which contains a schedule showing the dates on which the agency expects to have such matching program in compliance with the amendments made by this Act, and
“(B) published by the Office of Management and Budget in the Federal Register, before September 15, 1989.”
Effective Date of 1984 AmendmentAmendment by Puspan. L. 98–497 effective Apr. 1, 1985, see section 301 of Puspan. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.
Effective DatePuspan. L. 93–579, § 8, Dec. 31, 1974, 88 Stat. 1910, provided that: “The provisions of this Act [enacting this section and provisions set out as notes under this section] shall be effective on and after the date of enactment [Dec. 31, 1974], except that the amendments made by sections 3 and 4 [enacting this section and amending analysis preceding section 500 of this title] shall become effective 270 days following the day on which this Act is enacted.”
Short Title of 1990 AmendmentPuspan. L. 101–508, title VII, § 7201(a), Nov. 5, 1990, 104 Stat. 1388–334, provided that: “This section [amending this section and enacting provisions set out as notes below] may be cited as the ‘Computer Matching and Privacy Protection Amendments of 1990’.”
Short Title of 1989 AmendmentPuspan. L. 101–56, § 1, July 19, 1989, 103 Stat. 149, provided that: “This Act [amending section 10 of Puspan. L. 100–503, set out as a note above] may be cited as the ‘Computer Matching and Privacy Protection Act Amendments of 1989’.”
Short Title of 1988 AmendmentPuspan. L. 100–503, § 1, Oct. 18, 1988, 102 Stat. 2507, provided that: “This Act [amending this section, enacting provisions set out as notes above and below, and repealing provisions set out as a note below] may be cited as the ‘Computer Matching and Privacy Protection Act of 1988’.”
Short Title of 1974 AmendmentPuspan. L. 93–579, § 1, Dec. 31, 1974, 88 Stat. 1896, provided: “That this Act [enacting this section and provisions set out as notes under this section] may be cited as the ‘Privacy Act of 1974’.”
Short TitleThis section is popularly known as the “Privacy Act” and the “Privacy Act of 1974”.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsec. (s) of this section, see section 3003 of Puspan. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 31 of House Document No. 103–7.
Delegation of FunctionsFunctions of Director of Office of Management and Budget under this section delegated to Administrator for Office of Information and Regulatory Affairs by section 3 of Puspan. L. 96–511, Dec. 11, 1980, 94 Stat. 2825, set out as a note under section 3503 of Title 44, Public Printing and Documents.
OMB Guidance on Electronic Consent and Access FormsPuspan. L. 116–50, § 3, Aug. 22, 2019, 133 Stat. 1073, provided that:“(a)Guidance.—Not later than 1 year after the date of the enactment of this Act [Aug. 22, 2019], the Director shall issue guidance that does the following:“(1) Requires each agency to accept electronic identity proofing and authentication processes for the purposes of allowing an individual to provide prior written consent for the disclosure of the individual’s records under section 552a(span) of title 5, United States Code, or for individual access to records under section 552a(d) of such title.
“(2) Creates a template for electronic consent and access forms and requires each agency to post the template on the agency website and to accept the forms from any individual properly identity proofed and authenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the individual’s records under section 552a(span) of title 5, United States Code, or for individual access to records under section 552a(d) of such title.
“(3) Requires each agency to accept the electronic consent and access forms described in paragraph (2) from any individual properly identity proofed and authenticated in accordance with paragraph (1) for the purpose of authorizing disclosure of the individual’s records to another entity, including a congressional office, in accordance with section 552a(span) of title 5, United States Code, or for individual access to records under section 552a(d) [of such title].
“(span)Agency Compliance.—Each agency shall comply with the guidance issued pursuant to subsection (a) not later than 1 year after the date on which such guidance is issued.
“(c)Definitions.—In this section:“(1)Agency; individual; record.—The terms ‘agency’, ‘individual’, and ‘record’ have the meanings given those terms in section 552a(a) of title 5, United States Code.
“(2)Director.—The term ‘Director’ means the Director of the Office of Management and Budget.”
Extension of Privacy Act Remedies to Citizens of Designated CountriesPuspan. L. 114–126, Fespan. 24, 2016, 130 Stat. 282, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Judicial Redress Act of 2015’.
“SEC. 2. EXTENSION OF PRIVACY ACT REMEDIES TO CITIZENS OF DESIGNATED COUNTRIES.“(a)Civil Action; Civil Remedies.—With respect to covered records, a covered person may bring a civil action against an agency and obtain civil remedies, in the same manner, to the same extent, and subject to the same limitations, including exemptions and exceptions, as an individual may bring and obtain with respect to records under—“(1)section 552a(g)(1)(D) of title 5, United States Code, but only with respect to disclosures intentionally or willfully made in violation of section 552a(span) of such title; and
“(2) subparagraphs (A) and (B) of section 552a(g)(1) of title 5, United States Code, but such an action may only be brought against a designated Federal agency or component.
“(span)Exclusive Remedies.—The remedies set forth in subsection (a) are the exclusive remedies available to a covered person under this section.
“(c)Application of the Privacy Act With Respect to a Covered Person.—For purposes of a civil action described in subsection (a), a covered person shall have the same rights, and be subject to the same limitations, including exemptions and exceptions, as an individual has and is subject to under section 552a of title 5, United States Code, when pursuing the civil remedies described in paragraphs (1) and (2) of subsection (a).
“(d)Designation of Covered Country.—“(1)In general.—The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, designate a foreign country or regional economic integration organization, or member country of such organization, as a ‘covered country’ for purposes of this section if—“(A)(i) the country or regional economic integration organization, or member country of such organization, has entered into an agreement with the United States that provides for appropriate privacy protections for information shared for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses; or
“(ii) the Attorney General has determined that the country or regional economic integration organization, or member country of such organization, has effectively shared information with the United States for the purpose of preventing, investigating, detecting, or prosecuting criminal offenses and has appropriate privacy protections for such shared information;
“(B) the country or regional economic integration organization, or member country of such organization, permits the transfer of personal data for commercial purposes between the territory of that country or regional economic organization and the territory of the United States, through an agreement with the United States or otherwise; and
“(C) the Attorney General has certified that the policies regarding the transfer of personal data for commercial purposes and related actions of the country or regional economic integration organization, or member country of such organization, do not materially impede the national security interests of the United States.
“(2)Removal of designation.—The Attorney General may, with the concurrence of the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, revoke the designation of a foreign country or regional economic integration organization, or member country of such organization, as a ‘covered country’ if the Attorney General determines that such designated ‘covered country’—“(A) is not complying with the agreement described under paragraph (1)(A)(i);
“(B) no longer meets the requirements for designation under paragraph (1)(A)(ii);
“(C) fails to meet the requirements under paragraph (1)(B);
“(D) no longer meets the requirements for certification under paragraph (1)(C); or
“(E) impedes the transfer of information (for purposes of reporting or preventing unlawful activity) to the United States by a private entity or person.
“(e)Designation of Designated Federal Agency or Component.—“(1)In general.—The Attorney General shall determine whether an agency or component thereof is a ‘designated Federal agency or component’ for purposes of this section. The Attorney General shall not designate any agency or component thereof other than the Department of Justice or a component of the Department of Justice without the concurrence of the head of the relevant agency, or of the agency to which the component belongs.
“(2)Requirements for designation.—The Attorney General may determine that an agency or component of an agency is a ‘designated Federal agency or component’ for purposes of this section, if—“(A) the Attorney General determines that information exchanged by such agency with a covered country is within the scope of an agreement referred to in subsection (d)(1)(A); or
“(B) with respect to a country or regional economic integration organization, or member country of such organization, that has been designated as a ‘covered country’ under subsection (d)(1)(B), the Attorney General determines that designating such agency or component thereof is in the law enforcement interests of the United States.
“(f)Federal Register Requirement; Nonreviewable Determination.—The Attorney General shall publish each determination made under subsections (d) and (e). Such determination shall not be subject to judicial or administrative review.
“(g)Jurisdiction.—The United States District Court for the District of Columbia shall have exclusive jurisdiction over any claim arising under this section.
“(h)Definitions.—In this Act:“(1)Agency.—The term ‘agency’ has the meaning given that term in section 552(f) of title 5, United States Code.
“(2)Covered country.—The term ‘covered country’ means a country or regional economic integration organization, or member country of such organization, designated in accordance with subsection (d).
“(3)Covered person.—The term ‘covered person’ means a natural person (other than an individual) who is a citizen of a covered country.
“(4)Covered record.—The term ‘covered record’ has the same meaning for a covered person as a record has for an individual under section 552a of title 5, United States Code, once the covered record is transferred—“(A) by a public authority of, or private entity within, a country or regional economic organization, or member country of such organization, which at the time the record is transferred is a covered country; and
“(B) to a designated Federal agency or component for purposes of preventing, investigating, detecting, or prosecuting criminal offenses.
“(5)Designated federal agency or component.—The term ‘designated Federal agency or component’ means a Federal agency or component of an agency designated in accordance with subsection (e).
“(6)Individual.—The term ‘individual’ has the meaning given that term in section 552a(a)(2) of title 5, United States Code.
“(i)Preservation of Privileges.—Nothing in this section shall be construed to waive any applicable privilege or require the disclosure of classified information. Upon an agency’s request, the district court shall review in camera and ex parte any submission by the agency in connection with this subsection.
“(j)Effective Date.—This Act shall take effect 90 days after the date of the enactment of this Act [Fespan. 24, 2016].”
Publication of Guidance Under Subsection (p)(1)(A)(ii)Puspan. L. 101–508, title VII, § 7201(span)(2), Nov. 5, 1990, 104 Stat. 1388–334, provided that: “Not later than 90 days after the date of the enactment of this Act [Nov. 5, 1990], the Director of the Office of Management and Budget shall publish guidance under subsection (p)(1)(A)(ii) of section 552a of title 5, United States Code, as amended by this Act.”
Limitation on Application of Verification RequirementPuspan. L. 101–508, title VII, § 7201(c), Nov. 5, 1990, 104 Stat. 1388–335, provided that: “Section 552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by section 2 [probably means section 7201(span)(1) of Puspan. L. 101–508], shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1137(span) of the Social Security Act (42 U.S.C. 1320span–7), until the earlier of—“(1) the date on which the Data Integrity Board of the Federal agency which administers that program determines that there is not a high degree of confidence that information provided by that agency under Federal matching programs is accurate; or
“(2) 30 days after the date of publication of guidance under section 2(span) [probably means section 7201(span)(2) of Puspan. L. 101–508, set out as a note above].”
Effective Date Delayed for Certain Education Benefits Computer Matching ProgramsPuspan. L. 101–366, title II, § 206(d), Aug. 15, 1990, 104 Stat. 442, provided that:“(1) In the case of computer matching programs between the Department of Veterans Affairs and the Department of Defense in the administration of education benefits programs under chapters 30 and 32 of title 38 and chapter 106 of title 10, United States Code, the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 [Puspan. L. 100–503] (other than the amendments made by section 10(span) of that Act) [see Effective Date of 1988 Amendment note above] shall take effect on October 1, 1990.
“(2) For purposes of this subsection, the term ‘matching program’ has the same meaning provided in section 552a(a)(8) of title 5, United States Code.”
Implementation Guidance for 1988 AmendmentsPuspan. L. 100–503, § 6(span), Oct. 18, 1988, 102 Stat. 2513, required the Director, pursuant to section 552a(v) of this title, to develop guidelines and regulations for the use of agencies in implementing amendments made by Puspan. L. 100–503 not later than 8 months after Oct. 18, 1988.
Construction of 1988 AmendmentsPuspan. L. 100–503, § 9, Oct. 18, 1988, 102 Stat. 2514, provided that: “Nothing in the amendments made by this Act [amending this section and repealing provisions set out as a note below] shall be construed to authorize—“(1) the establishment or maintenance by any agency of a national data bank that combines, merges, or links information on individuals maintained in systems of records by other Federal agencies;
“(2) the direct linking of computerized systems of records maintained by Federal agencies;
“(3) the computer matching of records not otherwise authorized by law; or
“(4) the disclosure of records for computer matching except to a Federal, State, or local agency.”
Congressional Findings and Statement of PurposePuspan. L. 93–579, § 2, Dec. 31, 1974, 88 Stat. 1896, provided that:“(a) The Congress finds that—“(1) the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies;
“(2) the increasing use of computers and sophisticated information 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 a 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 necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies.
“(span) The purpose of this Act [enacting this section and provisions set out as notes under this section] is to provide certain safeguards for an individual against an invasion of personal privacy by requiring 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 such 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 pertaining 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 identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information 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 individual’s rights under this Act.”
Privacy Protection Study CommissionPuspan. L. 93–579, § 5, Dec. 31, 1974, 88 Stat. 1905, as amended by Puspan. L. 95–38, June 1, 1977, 91 Stat. 179, which established the Privacy Protection Study Commission and provided that the Commission study data banks, automated data processing programs and information systems of governmental, regional and private organizations to determine standards and procedures in force for protection of personal information, that the Commission report to the President and Congress the extent to which requirements and principles of section 552a of title 5 should be applied to the information practices of those organizations, and that it make other legislative recommendations to protect the privacy of individuals while meeting the legitimate informational needs of government and society, ceased to exist on September 30, 1977, pursuant to section 5(g) of Puspan. L. 93–579.
Guidelines and Regulations for Maintenance of Privacy and Protection of Records of IndividualsPuspan. L. 93–579, § 6, Dec. 31, 1974, 88 Stat. 1909, which provided that the Office of Management and Budget shall develop guidelines and regulations for use of agencies in implementing provisions of this section and provide continuing assistance to and oversight of the implementation of the provisions of such section by agencies, was repealed by Puspan. L. 100–503, § 6(c), Oct. 18, 1988, 102 Stat. 2513.
Disclosure of Social Security NumberPuspan. L. 93–579, § 7, Dec. 31, 1974, 88 Stat. 1909, provided that:“(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number.
“(2) the [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.
“(span) 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 voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.”
Authorization of Appropriations to Privacy Protection Study CommissionPuspan. L. 93–579, § 9, Dec. 31, 1974, 88 Stat. 1910, as amended by Puspan. L. 94–394, Sept. 3, 1976, 90 Stat. 1198, authorized appropriations for the period beginning July 1, 1975, and ending on September 30, 1977.
Executive Documents
Ex. Ord. No. 9397. Numbering System for Federal Accounts Relating to Individual PersonsEx. Ord. No. 9397, Nov. 22, 1943, 8 F.R. 16095, as amended by Ex. Ord. No. 13478, § 2, Nov. 18, 2008, 73 F.R. 70239, provided:
WHEREAS certain Federal agencies from time to time require in the administration of their activities a system of numerical identification of accounts of individual persons; and
WHEREAS some seventy million persons have heretofore been assigned account numbers pursuant to the Social Security Act; and
WHEREAS a large percentage of Federal employees have already been assigned account numbers pursuant to the Social Security Act; and
WHEREAS it is desirable in the interest of economy and orderly administration that the Federal Government move towards the use of a single, unduplicated numerical identification system of accounts and avoid the unnecessary establishment of additional systems:
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:
1. Hereafter any Federal department, establishment, or agency may, whenever the head thereof finds it advisable to establish a new system of permanent account numbers pertaining to individual persons, utilize the Social Security Act account numbers assigned pursuant to title 20, section 422.103 of the Code of Federal Regulations and pursuant to paragraph 2 of this order.
2. The Social Security Administration shall provide for the assignment of an account number to each person who is required by any Federal agency to have such a number but who has not previously been assigned such number by the Administration. The Administration may accomplish this purpose by (a) assigning such numbers to individual persons, (span) assigning blocks of numbers to Federal agencies for reassignment to individual persons, or (c) making such other arrangements for the assignment of numbers as it may deem appropriate.
3. The Social Security Administration shall furnish, upon request of any Federal agency utilizing the numerical identification system of accounts provided for in this order, the account number pertaining to any person with whom such agency has an account or the name and other identifying data pertaining to any account number of any such person.
4. The Social Security Administration and each Federal agency shall maintain the confidential character of information relating to individual persons obtained pursuant to the provisions of this order.
5. There shall be transferred to the Social Security Administration, from time to time, such amounts as the Director of the Office of Management and Budget shall determine to be required for reimbursement by any Federal agency for the services rendered by the Administration pursuant to the provisions of this order.
6. This order shall be implemented in accordance with applicable law and subject to the availability of appropriations.
7. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.
8. This order shall be published in the Federal Register.
Classified National Security InformationFor provisions relating to a response to a request for information under this section when the fact of its existence or nonexistence is itself classified or when it was originally classified by another agency, see Ex. Ord. No. 13526, § 3.6, Dec. 29, 2009, 75 F.R. 718, set out as a note under section 3161 of Title 50, War and National Defense.
