Privacy Act

Privacy Act (5 U.S.C. 552a)
Any person can request to see or get copies of any personal information that SBA has in his or her file
when that file is retrieved by individual identifiers such as name or social security numbers. Requests
for information about another party may be denied unless SBA has the written permission of the
individual to release the information to the requestor or unless the information is subject to disclosure
under the Freedom of Information Act.
Under the provisions of the Privacy Act, you are not required to provide y~ur social security number.
Failure to provide your social security number may not affect any right, benefit or privilege to which you
are entitled. Disclosures of name and other personal identifiers are, however, required for a benefit, as
SBA requires an individual seeking assistance from SBA to provide it with sufficient information for it to
make a character determination. In determining whether an individual is of good character, SBA
considers the person's integrity, candor, and disposition toward criminal actions. Additionally, SBA is
specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(1)(B), 15
USC Section 636(a)(1)(B) of the Small Business Act (the Act). Further, for all forms of assistance, SBA is
authorized to make all investigations necessary to ensure that a person has not engaged in acts that
violate or will violate the Act or the Small Business Investment Act, 15 USC Sections 634(b)(1l) and
687(b)(a), respectively. For these purposes, you are asked to voluntarily provide your social security
number to assist SBA in making a character determination and to distinguish you from other individuals
with the same or similar name or other personal identifier.
The Privacy Act authorizes SBA to make certain itroutine uses" of information protected by that Act.
One such routine use is the disclosure of information maintained in SBA's investigative files system of
records when this information indicates a violation or potential violation of law, whether civil, criminal,
or administrative in nature. Specifically, SBA may refer the information to the appropriate agency,
whether Federal, State, local or foreign, charged with responsibility for, or otherwise involved in
investigation, prosecution, enforcement or prevention of such violations. Another routine use is
disclosure to other Federal agencies conducting background checks; only to the extent the information
is relevant to the requesting agencies' function. See, 74 F.R. 14890 (2009), and as amended from time to
time for additional background and other routine uses.
Freedom of Information Act (S U.S.C. 552)
This law provides, with some exceptions, that SBA must supply information reflected in agency files and
records to a person requesting it. Information about approved loans that will be automatically released
includes, among other things, statistics on our loan programs (individual borrowers are not identified in
the statistics) and other information such as the names of the borrowers (and their officers, directors,
stockholders or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose
in general terms and the maturity. Proprietary data on a borrower would not routinely be made
available to third parties. All requests under this Act are to be addressed to the nearest SBA office and
be identjfied as a Freedom of Information request.