Privacy Act of 1974
The Privacy Act of 1974 is a significant piece of legislation aimed at safeguarding individual privacy rights in the United States, particularly concerning personal data held by federal agencies. While the constitutional right to privacy is not explicitly stated, it has been recognized by the Supreme Court, establishing the principle that individuals have a right to be free from unwarranted government intrusion. The act was developed following a series of investigations into privacy issues and was influenced by various reports that called for national privacy standards.
Key provisions of the Privacy Act include the right for individuals to access and amend their records, the requirement for annual public notices regarding record-keeping practices, and restrictions on the disclosure of personal information without consent. However, the act has notable limitations, including its lack of enforcement mechanisms and its applicability only to federal records, leaving state and local data protections less defined. Despite these gaps, the Privacy Act laid the groundwork for future privacy legislation, such as the Health Insurance Portability and Accountability Act (HIPAA) of 2003, which expanded protections for health information. Overall, the Privacy Act of 1974 represents a crucial step toward establishing privacy rights and promoting transparency in government data practices.
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Subject Terms
Privacy Act of 1974
Identification U.S. federal legislation
Date Signed into law in December, 1974
The Privacy Act was enacted to prevent unwarranted invasion of privacy by the government. Among other goals, it was intended to strengthen individuals’ control of the flow of information about themselves by authorizing the dissemination of information in the possession of the government, obtaining access to it, or restricting its disclosure.
Although not explicitly mentioned in the Constitution, the right of privacy has been articulated by the Supreme Court in Olmstead v. United States (1928) as an individual’s “right to be let alone.” Poorly defined, the constitutional right of privacy comprises freedom from government surveillance and intrusion into private affairs, avoidance of disclosures of personal matters, and protection of personal autonomy in decision making in matters such as marriage, procreation, contraception, child rearing, and education. Privacy is not absolute, however, and circumstances surrounding disclosure may be considered by the courts in sustaining an invasion of privacy action.
The roots of the Privacy Act of 1974 can be traced back to 1965, when hearings were held by the House of Representatives Special Subcommittee on Invasion of Privacy. One of the more significant influences on the Privacy Act was the report of the Secretary’s Advisory Committee on Automated Data Systems commissioned by the Department of Health, Education, and Welfare, as well as the report of the Privacy Protection Study Commission, which helped to articulate the case for national privacy standards for a variety of records maintained on citizens. There were five basic recommendations later incorporated into the Privacy Act: the publication of an annual public notice in the Federal Register of changes to an existing record-keeping system; permitting an individual to view and receive copies of records about themselves contained in the federal record system and an accounting of the use of such information; an opportunity to restrict disclosure of certain information; an opportunity to correct or amend a record; and finally, a requirement that federal agencies take precautions in order to prevent misuse of data.
In a movement toward more open government, Congress enacted the Freedom of Information Act as part of the Administrative Procedures Act. Section 552(a), titled the Privacy Act of 1974, is a federal mandate that governs the treatment of personal data. The Privacy Act applied only to data held by federal agencies and did not apply to that in the possession of state or local authorities. Disclosure through communication to any person or to another agency was prohibited under the act unless one of the following specific authorizations for disclosure applied: consent of the individual; a need for the information, where required by the Freedom of Information Act, for “routine use”; and law enforcement purposes.
The major weakness of the act was the lack of enforcement mechanism among the agencies, which created loopholes. Confidential information could be forced to yield to competing medical, legal, or social interests. Public policy considerations could override the confidential nature of the privileged information. There was no uniformity among the states with regard to obtaining one’s medical records and no specific and articulated legal protection of health care information.
Impact
The Privacy Act attempted to protect the privacy rights of individuals, permitting government access to personal data without censorship while lending protection to citizens against exploitation and control over unauthorized use. It was the only federal law to provide a framework of protection of personal data until enactment of the Health Insurance Portability and Accountability Act (HIPAA), which became effective on April 14, 2003.
Bibliography
Bushkin, Arthur A., and Samuel I. Schaen. The Privacy Act of 1974: A Reference Manual for Compliance. McLean, Va.: System Development Corporation, 1975.
Freedman, Warren. The Right of Privacy in the Computer Age. New York: Quorum Books, 1987.