5/6/2013. To establish a Code of Fair Information Practices which requires agencies to comply with statutory norms for collection,

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1 Writing and Using Privacy Act Statements Arlington, VA May 13, 2013 Presented by: Cindy Allard, Department of Defense Debra Danisek, Department of Homeland Security To establish a Code of Fair Information Practices which requires agencies to comply with statutory norms for collection, maintenance, and dissemination of records a5 2 Inform people at the time of collection why the information is being collected how it will be used Publish a notice in the Federal Register of new, altered, amended, or deleted systems of records Ensure that information is accurate, relevant, timely, and complete before disclosing to others 3 1

2 Slide 2 a5 This piece is worthwhile. A PAS is a FIP. allardc, 2/21/2012

3 The goal of the Privacy Act is to directly solicit information from the individual. Why? Accuracy! When directly soliciting personal information from an individual, they must be provided a Privacy Act Statement (PAS) 4 No generic statements since we rely on the specific Privacy Act systems of records notices to shed light on what and why we are collecting The PAS should provided at the point of collection and address the following four areas: Authority Purpose Routine Uses Disclosure 5 When an individual is asked to provide personal information (name, date of birth, social security number, etc) that will be stored in a system of records, regardless of the method used to collect the information (i.e., forms, in person or telephone interview, etc) Note: If the information requested will not be included in a system of records, a PAS is not required (unless collecting an SSN) 2

4 AUTHORITY reflects the Federal law or Executive Order that authorizes the collection of the information It should reflect the information in the Authority for Maintenance section of the SORN (e.g., 5 U.S.C. 301, PL or Executive Order 9397 (SSN), Departmental Regulations) PURPOSE provides information about how the Agency will use the PII, by whom and how this serves the agency s objectives. It should reflect the information that is contained in the Purpose section of the SORN ROUTINE USES provides information about inter-governmental sharing of an individual s PII Applies to the information collected on the form itself May include all (or a specific) routine uses identified in the SORN covering the collection Blanket Routine Uses that may apply must be cited 3

5 DISCLOSURE reflects whether or not the disclosure of information is "Voluntary" or "Mandatory It is only appropriate to cite "Mandatory" when a Federal Law or E.O. of the President specifically imposes a requirement to furnish the information and provides a penalty for failure to do so If furnishing information is a condition for granting a benefit or privilege voluntarily sought by the individual, it is voluntary for the individual to provide the information The DISCLOSURE section in most PAS s reads: DISCLOSURE: Voluntary. However, failure to provide the requested information may result in (i.e., you not being considered for the position; not being notified in case of emergency; etc.) OMB requests additional information if collection is licensed Purpose: Include link to applicable SORN Routine Use: Must include all applicable routine uses and link to Agency blanket routine uses Disclosure: Must include specific use of SSN (if collected). 4

6 Yes, or on a separate form that can be retained by the individual collecting the information. If the information is collected by means other than a form completed by the individual (i.e., solicited over the telephone), a PAS should be read to the individual and if requested by the individual, a copy sent to him/her. The preferred locations for PASs are: 1) Immediately below the title of the form 2) Elsewhere on the front page of the form (clearly indicating it is the PAS) 3) On the back of the form with a notation of its location before the title of the form, or 4) On a separate form which the individual may keep 5) As a click through for web-based collections Does the individual have to sign the PAS? No. 5

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