United States. Sectoral privacy. Act

Privacy ActPrivacy Act of 1974 (5 U.S.C. § 552a)

In force

§1Summary

Synopsis

Governs how federal agencies collect, maintain, use and disclose records about individuals held in 'systems of records'. Requires public notice of record systems, limits disclosures without consent, and gives individuals access and amendment rights.

Key themes
  • government records
  • system of records notices
  • access
  • amendment
  • disclosure limits
  • computer matching
Unique features

Applies only to federal agencies; rights originally limited to US citizens and permanent residents, partly extended to EU citizens by the Judicial Redress Act.

SaaS relevance

Caught indirectly when a SaaS provider operates a system of records on behalf of a federal agency under contract (contractor clause, 5 U.S.C. 552a(m)).

§2Obligations

Extraterritorial
No
Breach notification
None in statute (OMB M-17-12 governs agency breaches)
DPO
Conditional
Cross-border transfers
None
Maximum penalty
Actual damages (min. $1,000) in civil suits; misdemeanour fines up to $5,000

§3Dates

Key dates
  • Adopted
  • In force
  • Computer Matching and Privacy Protection Act 1988 amendments; Judicial Redress Act 2015 extended certain remedies to citizens of designated countries (incl. EU).

§4Text and authority

Text
Authority
Federal agencies; DOJ Office of Privacy and Civil Liberties (guidance); OMB

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

High confidence.

dpo_required Conditional: agencies must designate Senior Agency Officials for Privacy under OMB policy, not the Act itself.