H.R. 2465, PRIVACY MAGNUM OPUS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R000300010057-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 15, 2016
• Document Release Date: November 7, 2003
• Sequence Number: 57
• Publication Date: April 23, 1979
• Content Type: MF

c lease 2004/04/15: CIA-RDP83-001
Approved FaI
OLC 79-1363
2 3 APR 1979
Assistant Legislative Counsels
SUBJECT: H.R. 2465, Privacy Magnum Opus
1. Attached for your timely review is subject legislation which
seeks to expand several areas in the field of "Privacy Law" as well
as create new privacy rights in several areas.
2. The bill, introduced by Representative Richardson Preyer
(D., N.C.), is a patchwork attempt selectively choosing parts of other
previously introduced or, in some cases, not yet introduced Administration
sponsored privacy measures. While this Office has worked closely with
White House staff on the individual bills and, by and large, is comfortable
that CIA equities are adequately protected therein, a cursory reading of
H.R. 2465 presents several major problems as follows:
-- Title I creates the Federal Information Practices
Board (Board). The Board is given broad and sweeping
investigatory authority relative to all Federal agencies'
compliance with the various Privacy laws. In addition,
the Board's authority includes such provisions as:
- power to hold hearings
- receive (demand) evidence
- order testimony by deposition
- subpoena power
Moreover, the-Board is g-Fven, vfa Subparagraph
104(a)(1) appearing at line 11 on page 10, "access to
any information--or data in the possession or control of
any officer or entity of the Federal Government without
regard to any provision of law or order or regulation
issued thereunder imposing a restriction on access to
or disclosure of such information or data..." emphasis added)
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-- Title II amends the "Privacy Act", Section 552a
of Title 5, U.S.C. It appears that this amendment
rewrites in toto the Privacy Act as we know it. More
importantly, the CIA line item appearing in the present
law has been eliminated. Although Subparagraph 202(b)(3)
(A)(i) beginning on line 23, page 20 attempts to give a
partial exemption, it is clear that the language is, at
best, insufficient to cover intelligence equities. This
Title must, therefore, be reviewed .with extraordinary
care by relevant addressees.
-- Title III denies access, generally, to third
party held records by Federal officers.
-- Title IV directs States,to comply with certain
delineated provisions of Federal law, none of which
apparently affect CIA.
-- Title V is a truncated version of the Medical
Records Privacy Act. Unlike all of the several versions
of the bill introduced, Title V provides no CIA exemption
and thus must be severely amended.
-- Title VI amends the Fair Credit Reporting Act.
-- Title VII deals with the Tax Records and on
first reading appears to have no affect on CIA.
-- Title VIII provides for privacy of educational
records.
3. As noted earlier, the Carter Administration has introduced or
will introduce shortly, bills dealing with some of the above cited areas
of Privacy law. In light of that fact, at least Titles V and VI have,
in their present form, a lessened chance of passage. The remaining
have a better chance of receiving a hearing. Even those Titles, however,
have little chance of passage without strong Administration support.
Since the present bill is not'moving and is unlikely to move Without
Administration support,. we are referring this bill to your attention
for your information only. Should the bill begin to move we will
recontact you requesting formal comments-.- However, should you wish to
comment before then, please feel free to contact either of the undersigned
to register your comments.
ST
Assistant Legislative Counsel
ssistant Legislative Counsel
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