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Social Security: The Privacy Act and the Freedom of Information Act

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The Privacy Act And The Freedom Of Information Act

The Privacy Act of 1974, as amended at 5 U.S.C. 552a, protects records that can be retrieved
from a system of records by personal identifiers such as a name, social security number, or
other identifying number or symbol. (A system of records is any grouping of information
about an individual under the control of a Federal agency from which information is
retrievable by personal identifiers).
An individual is entitled to access to his or her records and to request correction of these
records by stating the reasons for such actions with supporting justification showing how the
record is untimely, incomplete, inaccurate or irrelevant. The Privacy Act prohibits disclosure
of these records without written individual consent unless one of the twelve disclosure
exceptions enumerated in the Act applies. These records are held in Privacy Act systems of
records. A notice of any such system is published in the Federal Register. These notices
identify the legal authority for collecting and storing the records, individuals about whom
records will be collected, what kinds of information will be collected, and how the records
will be used (See http://www.socialsecurity.gov/foia/bluebook/toc.htm).
The Privacy Act binds only Federal Executive Branch agencies, and covers only a system of
records in the possession and control of Federal agencies. Inquiries concerning the Privacy
Act should be directed to (410) 965-1727.

The Freedom of Information Act
The Freedom of Information Act (FOIA), as amended at 5 U.S.C.552, is a disclosure statute
that requires Federal Executive Branch agencies to make records available to the public.
The intent of the FOIA is to prevent agencies from having “secret law” and to make the
government accountable to the public for its actions. FOIArequires
agencies
to publish in
Connect
 Share
the Federal Register statements of its organizations, functions, rules, procedures, general
policy, and any changes, and how to get information. In addition, agencies must index and
make available for public inspection and copying statements of policy, manuals and
instructions, and final opinions and orders in cases, as well as the indexes.
FOIA applies to all records created or received by the agency and in its possession or under
its control. Agencies must make records available to the public on request, unless they fall
within one of the nine statutory exemptions. (See http://www.socialsecurity.gov/foia/).

http://www.socialsecurity.gov/agency/privacyact.html[6/19/2014 1:00:52 PM]

Social Security: The Privacy Act and the Freedom of Information Act

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