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5USC§552A

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The Privacy Act of 1974 & The Freedom of Information Act

 

All Federal Departments, Agencies, and components are generally required under the Freedom of Information Act (FOIA) to disclose records requested in writing by any person. However, agencies may withhold information pursuant to nine exemptions and three exclusions contained in the statute. The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies. Each state has its own public access laws that should be consulted for access to state and local records. Each federal agency is responsible for meeting its FOIA responsibilities for its own records. A list of Principal FOIA Contacts At Federal Agencies is available from this site. Each Federal Department, Agency, or component is responsible for processing FOIA requests for the records that it maintains. The principal exception to the FOIA is the Privacy Act of 1974.

The Privacy Act of 1974, 5 U.S.C. § 552a (2000), which has been in effect since September 27, 1975, can generally be characterized as an omnibus "code of fair information practices" that attempts to regulate the collection, maintenance, use, and dissemination of personal information by federal executive branch agencies. However, the Act's imprecise language, limited legislative history, and somewhat outdated regulatory guidelines have rendered it a difficult statute to decipher and apply. Moreover, even after more than twenty-five years of administrative and judicial analysis, numerous Privacy Act issues remain unresolved or unexplored. Adding to these interpretational difficulties is the fact that many Privacy Act cases are unpublished district court decisions.

As a part of our services, our Team is able make particular effort to clarify the existing state of Privacy Act law while at the same time highlighting those controversial, unsettled areas where further litigation and case law development can be expected.  If you need to comply with the Privacy Act, we can help make it understandable, and aid you in achieving Best Practices designed to demonstrate both Good Faith compliance - consistent with Federal Sentencing Guidelines definitions, and substantially reduce risk.

Information about the Freedom of Information Act:

 

Please contact us for more information about how we can help you comply with this complex and confusing Act.


Legal Notice:  
 We recognize that SOX (Sarbanes Oxley), GCP (Good Clinical Practice), HIPAA, CLIA, GLBA (Gramm Leach Bliley), DITSCAP, COPPA and other regulations and statutes are law, and that all interpretation of law should involve licensed attorneys in good standing with their local Bar Association.  No matter which services firm you select, be sure that their work is performed under the requirements of your state, in conformance with the law, and reviewed by your own attorney for your protection.  It is the covered entity subject to the jurisdiction of the regulation(s) that bears ALL liability for compliance with these laws.  We do strongly recommend the services of an independent validator/certifier to review your compliance prior to the appropriate deadline if appropriate or completion of the regulated project.

The above believed to be accurate and factual; please notify us immediately of any errors or omissions.  The above is intended for introductory and educational purposes only, and is not intended to be complete or comprehensive.  Neither can we be responsible for the accuracy of the information since it is (in whole or in part) derived from multiple sources.  Please refer to source governmental sources as appropriate.  The reader assumes all risk in the use of any information displayed or presented through this website,

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