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Module 1

Identify basic facts and terms about

Privacy.

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REFERENCES

Title 5, United States Code, Section552a

OMB Circular A-130, Management ofFederal Information Resources

DOD Directive 5400.11

DOD Regulation 5400.11

AFI 33-332

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RESOURCES

Defense Privacy Office Web Page

(http://www.defenselink.mil/privacy) Defense Privacy Board Advisory Opinions

Air Force Compilation of Privacy Act System Notices

A Managers Overview - What You Need to Know About the

Privacy Act (http://www.foia.af.mil)

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PRIVACY ACT OF 1974

Definition

Title 5, U.S.C., 552a, The Privacy Act of 1974, as amended,

requires Federal Agencies to protect personally identifiable

information.

In 2002 the Federal Government enacted the E-Government Act

of 2002

The Federal Information Security Act of 2002 (FISMA)

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PRIVACY ACT OF 1974

Program Objective

Privacy is a personal and fundamental right protected by the

Constitution of the United States. Congress passed the Privacy

Act (PA) of 1974 to protect individuals from unwarranted invasionof their personal privacy.

The Air Force should maintain only personal information relevant

to accomplishing the mission. The Air Force must also provide

protection for an individuals personal information

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PRIVACY ACT OF 1974

IT IS A OMNIBUS CODE OF FAIR INFORMATION PRACTICES THAT

ATTEMPTS TO REGULATE THE COLLECTION, MAINTENANCE, USE,AND DISSEMINATION OF PERSONAL INFORMATION BY FEDERALEXECUTIVE BRANCH AGENCIES.

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Personal Identifier: Name, number or symbol unique to

a person. Most common: Name/SSANPersonal Information: All information about a person

except for matters of public record. An example:Medical files

Record: Any item, collection or grouping of informationabout a person

System of Records: Any group of records wherepersonal information is obtained by name or

personal identifier

System Manager: Chief of Office who has the records

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PURPOSE AND BACKGROUND

Eliminate illegal surveillance and potential abuse

Government collection and use directly affects ourprivacy

Increased use of computers may cause harm

Misuse of information endangers our rights

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RESPONSIBILITIES AND RIGHTS

Provide access and amendment rights andappellate review

Obtain information directly from subject

Safeguard records

Keep timely and accurate records

Publish notices (no secret records)

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PRIVACY ACT OF 1974

The Privacy Act was passed to address past abuses such as:

Federal strong-arm tactics for data collection

During the 1960s, applicants for Federal employment were led

to believe that they had to respond to such questions as:True or False:

I am seldom troubled by constipation.

At times, I feel like swearing.

Most of my dreams are about sex matters.

I believe in the second coming of Christ.

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PRIVACY ACT OF 1974

Personal Identifiable Information

The term Personally Identifiable Information means any informationabout an individual maintained by an agency, including, but not limited

to, education, financial transactions, medical history, and criminal or

employment history and information which can be used to distinguish

or trace an individual's identityPersonally Identifiable Information in an automated system or online

collection is information that:

Directly identifies an individual

An agency intends to identify specific individuals in conjunction with other

data elements

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Marital statusNumber/names and sex of dependents

Civilian degree, major, school and year of graduation

Home of Record

Home address and phone numberAge and date of birth (year)

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PRIVACY ACT PROTECTED INFORMATION

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Present or future assignments for overseas or forroutinely deployable or sensitive units

Office and unit address and duty phone for overseas orfor routinely deployable or sensitive units.

Race/ethnic origin

Educational level

Social security number

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PRIVACY ACT PROTECTED INFORMATION

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PRIVACY RECORDS

WE ARE TALKING ABOUT, RECORDS THAT ARE RETRIEVED BY

AN INDIVIDUALS NAME AND PERSONAL IDENTIFIER THATARE CONTAINED IN A PRIVACY ACT SYSTEM OF RECORDS.

THE SYSTEM OF RECORDS NOTICE IDENTIFIES THEINFORMATION THAT IS BEING MAINTAINED AND IDENTIFIESTHE KINDS OF INFORMATION, IF ANY, THAT CAN BEWITHHELD.

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Name

Rank

Grade

Air Force specialty code

Pay (including base pay, special pay, all allowances except BasicAllowance for Quarters and Variable Housing Allowance)

Gross salary for civiliansPast duty assignments, unless sensitive or classified

Present and future approved and announced stateside assignments

Position title

Office, unit address, and duty phone number (CONUS only)

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RELEASABLE INFORMATION

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Date of rank

Entered on active duty date

Pay date

Source of commission

Professional military education

Promotion sequence number

Military awards and decorations

Duty status of active, retired, or reserve

Active duty official attendance at technical, scientific, or professionalmeetings

Biographies and photos of key personnel

Date of retirement, separation

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RELEASABLE INFORMATION

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DISCLOSING OTHER INFORMATION

Decide whether to release information:

Would the subject have a reasonable expectation of privacy in theinformationrequested?

Would disclosing the information benefit the general public?

Balance the public interest against the individuals probable loss of

privacy. Do notconsider the requesters purpose, circumstances, orproposed use.

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RELEASING WITHOUT CONSENT

Rules for Releasing Privacy Act Information Without Consent of

the Subject. The Privacy Act prohibits disclosing personalinformation to anyone other than the subject of the recordwithout his or her written consent.

There are twelve exceptions to the no disclosure without

consent rule . Those exceptions permit release of personal

information without the individuals consent only in thefollowing

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SAMPLE DECLARATION

I declare under penalty of perjurythat the foregoing is true andcorrect. Executed on(date).(signature)

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QUESTIONS?

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