Legal Definitions - Privacy Act of 1974

The Privacy Act of 1974 is a United States federal law that regulates how government agencies collect, maintain, use, and share personal information about individuals. Its primary purpose is to protect the privacy of citizens by ensuring that federal agencies handle personally identifiable records responsibly and transparently. It grants individuals rights to access and request corrections to their own records and restricts agencies from disclosing personal information without consent, except under specific circumstances defined by law.

Here are some examples of how the Privacy Act of 1974 applies:

• Department of Veterans Affairs (VA) Medical Records: Imagine a veteran who receives medical care through the Department of Veterans Affairs. The VA maintains extensive medical records for this individual, including diagnoses, treatments, and personal health information.

  Illustration: The Privacy Act of 1974 dictates how the VA must protect these sensitive medical records. It ensures that the veteran has the right to access their own health information, request corrections if there are errors, and generally prevents the VA from sharing these records with outside parties (like private employers or other government agencies not involved in their care) without the veteran's explicit consent, unless a specific legal exception applies.

• Federal Job Application Process: Consider an individual applying for a position with a federal agency, such as the Department of Education. During the application process, they provide extensive personal details, including their name, address, Social Security number, educational history, employment background, and references.

  Illustration: The Privacy Act of 1974 governs how the Department of Education collects and uses this personal information. It ensures that the agency can only collect information relevant to the job application, must keep it secure, and cannot disclose it to unauthorized third parties. The applicant also has the right to review the records the agency maintains about their application and request corrections.

• Social Security Administration (SSA) Records: An individual applies for Social Security retirement benefits, providing the Social Security Administration (SSA) with their birth certificate, marriage certificate, earnings history, and bank account information for direct deposit.

  Illustration: The Privacy Act of 1974 mandates how the SSA must manage this sensitive personal data. It ensures that the SSA collects only necessary information, uses it solely for administering Social Security programs, and protects it from unauthorized access or disclosure. For instance, the SSA generally cannot share an individual's earnings history or bank details with a private company or another government agency (like a state tax department) without the individual's consent, unless a specific legal provision permits it.