Writing and Using Privacy Act Statements (PAS) Arlington, VA May 12, 2014 Presented by: Sarah English, Department of Defense Role of PAS in the Privacy Act To establish a Code of Fair Information Practices which requires agencies to comply with statutory norms for collection, maintenance, and dissemination of records. Mandates Addressed by PAS Inform people at the time of collection: why the information is being collected; how it will be used. Publish a notice in the Federal Register of new, altered, amended, or deleted systems of records. Ensure that information is accurate, relevant, timely, and complete before disclosing to others. 1
Collecting Personal Information The goal of the Privacy Act is to directly solicit information from the individual. Why? Accuracy! When directly soliciting personal information from an individual, they must be provided a Privacy Act Statement (PAS) Privacy Act Statements (PAS) No generic statements since we rely on the specific Privacy Act systems of records notices to shed light on what and why we are collecting. The PAS should provided at the point of collection and address the following four areas: Authority Purpose Routine Uses Disclosure When Does One Need a Privacy Act Statement? When an individual is asked to provide personal information (name, date of birth, Social Security Number (SSN), etc.) that will be stored in a system of records, regardless of the method used to collect the information (i.e., forms, in person or telephone interview, etc.) Note: If the information requested will not be included in a system of records, a PAS is not required (unless collecting an SSN). 2
Writing a Privacy Act Statement AUTHORITY reflects the Federal law or Executive Order that authorizes the collection of the information. It should reflect the information in the Authority for Maintenance section of the SORN (e.g., 5 U.S.C. 301, PL 104-134 or Executive Order 9397 (SSN), Departmental Regulations). PURPOSE provides information about how the Agency will use the PII, by whom and how this serves the agency s objectives. It should reflect the information that t is contained in the Purpose section of the SORN. ROUTINE USES provides information about inter-governmental sharing of an individual s PII. Applies to the information collected on the form itself. May include all (or a specific) routine uses identified in the SORN covering the collection. Blanket Routine Uses that may apply must be cited. 3
DISCLOSURE reflects whether or not the disclosure of information is "Voluntary" or "Mandatory. It is only appropriate to cite "Mandatory" when a Federal Law or E.O. specifically imposes a requirement to furnish the information and provides a penalty for failure to do so. If furnishing information is a condition for granting a benefit or privilege voluntarily sought by the individual, it is voluntary for the individual to provide the information. The DISCLOSURE section in most PAS s reads: DISCLOSURE: Voluntary. However, failure to provide the requested information may result in (i.e., you not being considered for the position; not being notified in case of emergency; etc.) Enhanced PAS OMB requests additional information if collection is subject to the Paperwork Reduction Act: Purpose: Include link to applicable SORN. Routine Use: Must include all applicable routine uses and link to Agency blanket routine uses. Disclosure: Must include specific use of SSN (if collected). 4
Does the PAS have to appear on the form? Yes, or on a separate form that can be retained by the individual collecting the information. If the information is collected by means other than a form completed by the individual (i.e., solicited over the telephone), a PAS should be read to the individual and if requested by the individual, a copy sent to him/her. Where should the PAS be Placed? The preferred locations for PASs are: Immediately below the title of the form. Elsewhere on the front page of the form (clearly indicating it is the PAS). On the back of the form with a notation of its location before the title of the form, or On a separate form which the individual may keep. As a click through for web-based collections. Signing the PAS Does the individual have to sign the PAS? No. 5
Now you know how to write a PAS! Questions? 6