The Privacy Act of 1974: An Assessment. APPENDIX 4 TO The Report of The Privacy Protection Study Commission.. Chapter I. The Implementation Framework.


In assessing the impact of the Privacy Act of 1974 on Federal agency record-keeping practice, it is essential to understand the framework of reporting requirements, guidelines, regulations, and enforcement procedures that give structure to the mix of rights and responsibilities the Act establishes. It is also important to understand how the agencies have provided for the ordinary workaday administration of the Act, not only within the framework of rights and obligations the Act itself establishes, but also in conjunction with other statutes, such as the Freedom of Information Act [5 U.S.C. 552] and the Administrative Procedures Act [5 U.S.C 551] et seq. This chapter examines that basic implementation framework and offers examples of the ways agencies have attempted to respond and adapt to it. It explains to whom and to what the Act applies, describes how the Act's several notice and reporting requirements have been implemented, examines the guidance and oversight role of the Office of Management and Budget, and briefly assesses agency rule making and compliance monitoring, as well as the various vehicles for enforcing the Act's requirements