Government and Public Sector Privacy Flashcards

What is the 'routine use' exception under the Privacy Act of 1974?

Answer: A published SORN exception allowing disclosure compatible with the purpose for which the data was collected

Routine use exceptions, published in a system's SORN, allow agencies to disclose records for purposes compatible with the reason the information was originally collected.

Under the USA PATRIOT Act, how did NSLs (National Security Letters) change government surveillance capabilities?

Answer: Expanded FBI authority to demand communications records from third parties without judicial approval

The PATRIOT Act expanded NSL authority, allowing the FBI to compel businesses to provide communications records for national security investigations without prior court approval.

Under the Privacy Act, what remedy is available to an individual whose records are wrongly disclosed by a federal agency?

Answer: Civil lawsuit for actual damages, attorney's fees, and court costs; criminal penalties for willful disclosure

The Privacy Act allows individuals to bring civil lawsuits for actual damages when agencies wrongfully disclose records; criminal penalties apply to agency employees who willfully disclose protected records.

What does the Census Bureau's Title 13 confidentiality protection do?

Answer: Prohibit disclosure of identifiable census data for any purpose other than statistical uses, including law enforcement

Title 13 provides absolute confidentiality for census data, prohibiting its use or disclosure for any purpose other than statistical use — including by law enforcement agencies.

Which oversight mechanism requires federal agencies to appoint a Senior Agency Official for Privacy (SAOP)?

Answer: OMB Circular A-130 and the E-Government Act of 2002

OMB Circular A-130 and the E-Government Act require federal agencies to designate a Senior Agency Official for Privacy accountable for agency privacy programs.

Under FERPA, when does a student's (not parent's) right to control education records begin?

Answer: When the student turns 18 or attends a postsecondary institution

FERPA rights transfer from parents to the student (who becomes an 'eligible student') when the student turns 18 or enrolls in a postsecondary school, whichever comes first.