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Safeguarding
Privacy Act Records | Disclosing Privacy
Act Information to Others | Collecting
Personal Information | Access to Records and
Amendment Requests
Employees who handle information on individuals should become familiar with the Departmental guidelines on the Privacy Act and privacy protection. Below are some situations which may require knowledge of Privacy Act procedures. Remember when in doubt contact your Privacy Act specialist.
| Safeguarding
Privacy Act Records |
|
| Consider how you handle the
information you work with, and what measures you need to take to
safeguard the personal information that you have about others in your
possession |
|
| If you are creating new
records systems or database privacy plans and procedures have to be in
place. Contact your Privacy Act specialists to discuss how the
information can be protected from the collection to disposal process |
|
| The Department has
guidelines on "Safeguarding of Privacy Act Records" at 383 DM
Ch. 8 |
|
| Safeguard requirements cover (1) physical security measures, (2) information management practices, and (3) computer system/network security | |
| Disclosing
Privacy Act Information to Others |
|
| Be careful that personal
information is not disclosed to anyone unless that individual has
received prior permission to see the information from the subject of the
record, or disclosures of the record are authorized by law |
|
| Contact your Privacy Act
Officer for questions on appropriate disclosure procedures. |
|
| Only employees who have a
legitimate need for the record in the performance of their duties have
access to the information under the law |
|
| Even if you may have legitimate access, sharing information on individuals to others who do not have a legitimate need to know the information and would not have access to this information otherwise is a violation of the law for which there are legal penalties | |
| Collecting
Personal Information |
|
| Employees must collect only
personal information from an individual that is relevant and necessary
to accomplish and authorized agency function |
|
When personal information is
collected you must inform the individual in writing of the:
The information above is usually
provided on a form given to the person providing
the information. |
|
| Note:
It is required on both paper
and electronic forms - Something to think about if you are posting web
forms on the Internet. Contact your Information Collection Officer and
Privacy Act Officer.
|
|
| Access
to Records, and Amendment Requests |
|
| When the subject of the file
requests to inspect or obtain information that is in a Privacy Act System of
Records there are certain procedures which must be followed by authorized
employees. Contact the system manager of the file or database, or your
Privacy Act Coordinator. Refer to the Department manual section on the
Privacy Act at 383 DM Ch. 6. |
|
| Not all information in a Privacy Act System are made available to the subject of the file. There are Privacy Act exempted records which are listed in the Department regulations on the Privacy Act at 43 CFR 2.79. | |
| There are also specific procedures for someone requesting to amend their file. Contact the system manager of the file or database, or your Privacy Act Coordinator. Instructions on amendment of records requests are in 383 DM Ch. 6. | |
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