The Privacy Act of 1974 is a code of fair information practices which mandates how Government agencies shall maintain records about individuals. The Privacy Act requires that Government agencies:

·         collect only information that is relevant and necessary to carry out an agency function;

·         maintain no secret records on individuals;

·         explain at the time the information is being collected, why it is needed and how it will be used;

·         ensure that the records are used only for the reasons given, or seek the person's permission when another purpose for their use is considered necessary or desirable;

·         provide adequate safeguards to protect the records from unauthorized access and disclosure;

·         allow people to see the records kept on them and provide them with the opportunity to correct inaccuracies in their records;

·         Publish a notice in the Federal Register of new or revised system of records about individuals;

·         Publish a notice in the Federal Register before conducting a computer matching program;

·         Assure the information is accurate, relevant, complete, and up-to-date before disclosing it to others;  

·         Allow individuals to find out about disclosures of their records to other agencies and persons.

The Freedom of Information Act (FOIA) is a law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government.

The Freedom of Information Act provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking. Each agency’s website will contain information about the type of records that agency maintains.

Under the FOIA, agencies must disclose any information that is requested – unless that information is protected from public disclosure. The FOIA also requires that agencies automatically disclose certain information, including frequently requested records. It is the Executive Branch, led by the President that is responsible for the administration of the FOIA across the government. The Department of Justice’s Office of Information Policy oversees agency compliance with these directives and encourages all agencies to fully comply with both the letter and the spirit of the FOIA.