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What does this title do? Go to the Section-by-Section to see what each section does, in plain language. You can also look at the Privacy Act Redlines to see how this title changes the Privacy Act of 1974. When you're ready to help us improve the E-Privacy Act Amendments, you can help us edit Title II.
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Section 201. Definition of system of records
Section 552a(a) of title 5, United States Code, is amended as follows—
In (5) by striking 'from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual';
Section 202. Clarifying uses and sharing of records
(a) Principal and secondary uses. Section 552a(a) of title 5, United States Code, is amended as follows—
strike (7) and insert —
(7) 'the term "principal use" means a use of a record that is explicitly necessary for the program as authorized, either in legislation or Executive Order of the President.
(8) the term “secondary use” means a use of a record that is explicitly necessary for a program that is authorized either in legislation or Executive Order of the President but not under the authority of the program for which the information was originally collected.
(b) Internal and external sharing. Section 552a(a) of title 5, United States Code, is amended as follows—
Insert — (9) The term “Internal Sharing” means the disclosure a record that is contained in a system of records to any person or organization within the government entity that created the record.
(10) The term “External Sharing” means the disclosure of any record that is contained in a system of records by any means of communication to any person, or to another agency outside of the entity that created the record.
(re-number this section accordingly)
Section 203. Amendments to conditions of disclosure
Section 552a(b) of title 5, United States Code, is amended as follows —
(1) by striking “disclose any record which is contained in a system of records by any means of communication to any person, or to another agency” in the first sentence and inserting “engage in internal or external sharing”.
(2) in (3) striking ‘routine use’ and inserting ‘secondary purpose’ and striking the number ‘7’ and inserting the number ‘8’
(3) in (6) inserting ‘or for records management inspections’ at the end
(4) in (9) inserting ‘or, to a congressional office when that office is acting in response to a request of particular individual in writing’ at the end
Section 204. Amendments to improve notification
(a) Section 552a(e)(3) of title 5, United States Code, is amended as follows —
(1) in (B) striking 'purpose or purposes' and inserting 'use or uses'
(2) in (C) striking 'the routine uses which' and inserting 'all secondary uses that'
(b) Section 552a(e) of title 5, United States Code, is amended as follows —
'(13) define, to the greatest extent practicable, the number and scope of its systems of records in a manner that fairly describes its activities to individuals. An agency shall, to the extent practicable, include in the same system of records activities that relate to the same program and that have the same principal uses.
(c) Section 552a(e)(4) of title 5, United States Code, is amended as follows —
(1) insert ', and on a centralized Website maintained by the office of the OMB Chief Privacy Officer,' after the word 'Register'
(2) strike (D) and insert '(D) the principle use or uses for which the information may be utilized and the legal authority for this use, whether granted by statute, or by Executive Order of the President, with a description of all possible internal or external sharing for these uses including a list of entities with whom the information may be shared and the categories of information that may be shared;' and '(E) the secondary uses for which the information may be utilized and the legal authority for this use, whether granted by statute, or by Executive Order of the President, with a description of all possible internal or external sharing for these uses including a list of entities with whom the information may be shared and the categories of information that may be shared;'
(re-number this section accordingly)
Section 205. Liquidated Damages and Coverage of Negligent Violations
(a) Amend 552a(g)(4)(A) to read as follows:
"(A) actual damages sustained by the individual as a result of the refusal or failure or the sum of $1,000, whichever is greater, except that in a class action, the minimum recovery for each individual shall be reduced as necessary to ensure that the total recovery in any class action or series of class actions arising out of the same refusal or failure to comply by the same agency shall not be more than $10,000,000; and".
(b) Amend 552a(g) by adding a new paragraph (6)
"(6) (A) In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section, the court may order the agency to comply with the provisions of this section or any rule promulgated thereunder and to take other remedial action. In such a case the court shall determine the matter de novo.
"(B) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed."
