Systems of Records
Any agency maintaining systems of records subject to the Act,
including a system of records meeting the requirements of Section 3(j) and
(k) of the Act, must also satisfy certain other requirements set forth in
Section 3. Without elaboration, these additional requirements direct the
- Maintain in its records only such information as is relevant and
necessary to accomplish a lawful agency function (5 U.S.C. Sec.
- Collect information for its records directly from the individual who is
the subject of the record, to the extent practicable (5 U.S.C. Sec.
- Inform each individual so requested to supply information the
authority, purpose, routine uses, and the effects on him/her of not
providing the requested information (5 U.S.C. Sec. 552a(e)(3)(A) to (D));
- Publish in the Federal Register a detailed notice of any newly
established or revised system of records containing personally identifiable
information; in addition, subsection (e)(11) requires that 30-day
notice-and-comment rulemaking be used when a new routine use for an
existing system of records is proposed by the agency. (In the case of the
systems notices for the U.S. Attorneys' offices, see 40 Fed.Reg. 38, 732
(July 9, 1975).
- Maintain all records used by the agency in making any determination
about the subject of a record with "such accuracy, relevance, timeliness,
and completeness as is reasonably necessary to assure fairness to the
individual in the determination" (5 U.S.C. Sec. 552a(e)(5));
- Prior to dissemination of any such record to any person (except for a
dissemination required by 5 U.S.C. Sec. 552) make reasonable efforts to
assure the accuracy, completeness, timeliness, and relevance of the records
(5 U.S.C. Sec. 552a(e)(6));
- Maintain no record describing how an individual exercises his/her First
Amendment rights unless "expressly authorized by statute or by the
individual or unless pertinent to and within the scope of an authorized law
enforcement activity" (5 U.S.C. Sec. 552a(e)(7));
- Make reasonable efforts to notify the subject of a record that the
record has been made available to another person under compulsory legal
process when such process becomes a matter of public record (5 U.S.C. Sec.
- Establish standards of conduct and instruct its employees concerning
the design, development, operation, maintenance, and dissemination of its
system of records (5 U.S.C. Sec. 552a(e)(9));
- Establish appropriate physical and other safeguards for its systems of
records (5 U.S.C. Sec. 552a(e)(10));
- Promulgate agency regulations to implement the Act (5 U.S.C. Sec.
- Establish reasonable fees for making copies of records subject to the
Act (5 U.S.C. Sec. 552a(f)(5));
- Apply the requirements of Section 3 of the Act to a government
contractor obligated by contract to operate a system of records for the
agency (5 U.S.C. Sec. 552a(m));
- Prohibit the sale or lease of mailing lists of individual names and
addresses, except as specifically authorized by law (5 U.S.C. Sec.
- Report in advance to Congress, OMB, 5 U.S.C. Sec. 552a(o), and the
Privacy Protection Study Commission (Section 5(e)(2)(A) of the Act) any
proposal to establish or alter a system of records subject to the Act;
- Prepare an annual report on operations under the Act for submission to
OMB (5 U.S.C. Sec. 552a(p)).
[cited in USAM 3-17.220]