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U.S. Federal Privacy Act of 1974, 5 U.S.C. § 552a

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The Federal Privacy Act is a U.S. law that was enacted in 1974. The Privacy Act establishes and governs practices related to the collection, maintenance, use, and dissemination of PII by U.S. government agencies. The purpose of the Privacy Act is to balance the government's need to maintain information about citizens and permanent residents with the rights of those individuals to keep their personal information private. Among its provisions, the Privacy Act states that “no agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.” Although the Privacy Act of 1974 substantially predates the internet, the provisions within the act continue to remain relevant and manifest in the form of online privacy consent forms and other mechanisms used to serve as “written consent of the individual.”

NOTE Criminal violations of the Federal Privacy Act are deemed misdemeanors and may be subject to penalties of up to $5,000 per violation.

The Official (ISC)2 CISSP CBK Reference

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