Government Records of Personal Information Flashcards
Balances legitimate interest of government to collect, maintain, use of disseminate private/personal data against individual’s right to privacy
Privacy Act
Grants individuals the right to:
Know what records the government has and how they are used
Privacy Act of 1974
Grants individuals the right to:
Prevent data collected for one purpose from being used for another purpose without consent
Privacy Act of 1974
Grants individuals the right to:
Access records and correct inaccuracies
Privacy Act of 1974
Grants individuals the right to:
Ensure data is current and accurate & safeguards exist to prevent misuse
Privacy Act of 1974
Law enforcement and intelligence records
- Law enforcement: identification and investigatory records
- CIA records
Privacy Act Exceptions
Records subject to FOIA
Privacy Act Exceptions
Routine use
Privacy Act Exceptions
Interagency sharing
Privacy Act Exceptions
Miscellaneous
Privacy Act Exceptions
Considered the biggest potential loophole
“Routine Use” Exception
Courts reluctant to question justification of “routine use”
“Routine Use” Exception
Key question is whether derivative uses are “compatible” with initial purpose for collection
“Routine Use” Exception
Information may be disclosed for any “routine use” if disclosure is “compatible” with the purpose for which the agency collected the information
- Interpreted to allow broad sharing of personal data among various government agencies
“Routine Use” Exception
- Speech
- Press
- Establishment of religion
- Free exercise of religion
- Association
- Petitions
First Amendment “interests”