System of Records Notice

Practical Law Glossary Item w-020-7527 (Approx. 3 pages)

Glossary

System of Records Notice

The Privacy Act of 1974, 5 U.S.C. §552a, governs access to and amendment of records maintained by the federal government on individuals that are contained within covered systems of records. The statute only governs the disposition of records pertaining to citizens of the United States or lawful permanent residents of the US. Disclosure of records subject to the Privacy Act is allowable with written consent of the subject of the records and under 12 specific enumerated exceptions, which include:

"Need to know" by employees and officers of an agency, 5 U.S.C. §552a(b)(1).
As required under the Freedom of Information Act, 5 U.S.C. §552a(b)(2).
Pursuant to routine uses published by each agency, 5 U.S.C. §552a(b)(3).
To either House of Congress, 5 U.S.C. §552a(b)(9).
Pursuant to an order of a court of competent jurisdiction, 5 U.S.C. §552a(b)(11).

The Privacy Act requires agencies publish in the federal register system of records notices (SORNs), which provide detailed information about:

The types of information collected by the government in each system of records subject to the Privacy Act.
How the collected information will be used.
The routine uses for which the information may be disclosed. Routine uses differ from agency to agency and are dependent on the types of records that are maintained by the agency in a system. Common routine uses include disclosure to:
- the Department of Justice when an employee or the government is a party to litigation;
- members of Congress in response to a Congressional inquiry;
- agency contractors who are assisting the agency with official duties;
- law enforcement, state, local, and federal, in furtherance of civil or criminal investigations.

System of Records Notice | Practical Law