PRIVACY ACT MATERIALS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R000901120025-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 27, 2016
• Document Release Date: August 29, 2012
• Sequence Number: 25
• Publication Date: January 16, 1986
• Content Type: MEMO

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30 JAN 1986
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Approval
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REMARKS
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ATTACHMENTS 'IWO AND 'THREE.
SUSPENSE TO DDA CN ATTACHMENT #2: 28 APR 1986
SUSPENSE TO DDA ON ATTACHEMIN #3: 26 JUN 1986
DO NOT use this form as a RECORD of approvals, concurrences, disposals.
clearances, and similar actions
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
MEMORANDUM FOR THE PRIVACY POINTS OF CONTACT
FROM: Robert P. BedellN/e.-.
Deputy Administrator
Office of Information and
Regulatory Affairs
SUBJECT: Privacy Act Materials
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This memorandum, contains three attachments:
?
o
A copy of the President's Privacy Act Report for CY 1982
and 1983, dated December 4, 1985;
o A copy of OMB Circular No. A-130, dated December 12, 1985;
and
o A supplemental instruction sheet for providing information
to support the President's 1985 Privacy Act Report to the
Congress.
OMB Circular No. A-130 is a policy directive to Federal agencies
on the management of Federal information resources. It sets
basic guidelines for collecting, processing arid disseminating
information and for the management of Federal information systems
and technology. It also revises existing directives on privacy,
computer security, and cost accounting for Federal computer and
telecommunications facilities.
Appendix I of the Circular will be of special interest to
managers of agency Privacy Act programs. It replaces OMB
Circular No. A-108, "Federal Agency Responsibilities for
Maintaining Records About Individuals."
Please note, however, that this Appendix
does not replace the OMB Guidelines on
Implementing the Privacy Act of 1974
published in the Federal Register on
July 9, 1975 (40 FR 28949).
In addition to consolidating the basic Circular A-108 and its
Transmittal Memoranda into a single document, the new Appendix I
adds or alters certain responsibilities and procedures:
o It provides a timetable for agencies to conduct certain
reviews of their implementing activities or record
holdings, e.g., "review annually agency recordkeeping and
disposal practices...."
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o It transfers certain responsibilities formerly assigned to
the General Services Administration to the National
Archives and Records Administration.
o It requires agencies to collect and keep certain data
about their Privacy Act publications and about public use
of the Privacy Act for the President's annual report.
o It permits agencies to submit exemption rules as part of a
report on a new or altered system, rather than under the
provisions of Executive Order No. 12291.
o It establishes new rules for seeking a waiver of the
OMB/Congressional review period for reports on new systems
of records.1
Agencies should immediately begin following the procedures for
reporting new or altered systems of records contained in Appendix
I.
Instructions for reporting statistical and other information in
support of the President's yearly report to Congress are
contained in paragraph 4 of the Appendix. This information is
essentially the same as that which we have collected for the past
four years. It is due no later than April 30, 1986.
The third attachment to this memorandum contains additional
instructions for submitting data for the annual report. This
information is due no later than June 30, 1986.
Send both submissions to:
The Office of Management and Budget
Office of Information and Regulatory Affairs
NEOB Room 3235
Washington, D.C. 20503
Direct questions to Robert N. Veeder, of my staff, at 395-4814.
Attachments
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Tuesday
December 24, 1985
Part IV
Office of
Management and
Budget
Management of Federal Information
Resources; Final Publication of OMB
Circular No. A-130
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Supplemental Instructions for Submitting Information
In Support of the President's
Annual Privacy Act Report
For CY 1985
Section (p) of the Privacy Act of 1974 (5 U.S.C. 552a) requires
the President to report annually to the Congress:
o How individuals exercised their rights of access and
amendment during the year;
o What changes were made to systems of records;
o Other information about the implementation of the Act that
would be useful to the Congress in carrying out its
oversight responsibilities.
Appendix I to OMB Circular A-130 contains instructions for
collecting statistical data about access and amendment requests,
changes to systems of records, matching programs, and litigation.
Report that information in Section I below.
In Section II below are a series of questions relating to
specific implementation activities. Please provide as much
information as possible. Provide approximations or estimates
where necessary, identifying them as such.
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Section I.
Report information for calendar year 1985. Aggregate data at the
agency level; do not report components separately.
A. Privacy Points of Contact:
Provide the names, titles, telephone numbers and mailing
addresses of the agency individuals who are responsible for
Implementing the Privacy Act in your agency:
1. Senior Agency Official:
Name
Address
Telephone
2. Privacy Officer:
Name
Address
Telephone
3. Legal Counsel:
Name:
Address
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Telephone
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B. Publication Data:
Provide the following information as of December 31, 1985:
1. Total number of active systems:
nonexempt exempt
2. Number of new systems published during 1985:
nonexempt exempt
3. Number of systems deleted during 1985:
nonexempt exempt
4. Number of systems automated, either in whole or
part, during 1985:
nonexempt exempt
5. Number of existing systems for which new routine
uses were established, during 1985:
nonexempt exempt
6. Number of existing systems for which new exemptions
were claimed.
7. Number of existing systems from which exemptions
were deleted.
8. Number of public comments received on agency
publication of rules or notices:
9. Briefly discuss any comments received and any
action taken based on comments received, including
those received from OMB or the Congress. Attach
continuation sheet if necessary. Attach copies of
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any Congressional correspondence.
C. Individuals' Exercise of Rights of Access & Amendment:
(Note, access and amendment requests are defined as requests from
record subjects for access to agency records that are (1) about
themselves; (2) located in systems of records; and (3) which cite
the Privacy Act of 1974 as the basis for the request).
1. Total number of requests for access:
2. Number of requests wholly or partially granted:
3. Number of requests totally denied:
4. Number of requests for which no record was found:
5. Number of appeals of denials of access:
6. Number of appeals in which denial was upheld:
7. Number of appeals in which denial was overturned
either in whole or part:
8. Number of requests to amend records in system:
9. Number of amendment requests wholly or partially
granted:
10. Number of amendment requests totally denied:
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11. Number of appeals of denials of amendment requests:
12. Number of appeals in which denial was upheld:
13. Number in which denial was overturned either in
whole or in part:
14. If your agency denied any access requests on a basis
other than the provisions of sections (d)(5), (j), or (k)
of the Privacy Act, explain the rationale for your
denial.
15. Number of instances in which individuals litigated
the results of appeals of access or amendment:
16. The results of such litigation.
D. Matching Programs:
(See the definition of a matching program in OMB's revised
Matching Guidelines, 47 FR 1656, May 19, 1982):
1. How many matching programs did your agency
participate in as a matching agency during 1985?
2. How many as a source agency?
3. On what date(s) were any matching reports required
by the Guidelines published in the Federal Register
and provided to OMB and the Congress?
E. Agency Analysis of Activities:
Submit a brief analysis of the data provided above. The analysis
should show how the data supports the agency's efforts to comply
with the objectives of the Act. The analysis should also
nnnaidar tha ^e
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earlier reports. Agencies should also identify significant
ongoing or completed activities designed to improve
administration of the Act, e.g., review of routine uses,
publication of revised rules, review of application of exemption
provisions, improvements in public access to records, etc.
This information is due to OMB no later than April 30, 1986.
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Section II.
Please provide whatever information you have, including documents
where available, in response to the questions below.
o PUBLIC NOTICE. The public notice provisions of the Privacy
Act call for publication in the Federal Register of systems
notices, routine uses, and agency rules. While such
publication meets the legal requirements of the Act, it is
not the most accessible source for ordinary individuals to
find out about agency publications and practices. Does your
agency do anything to supplement its Federal Register
publications?, e.g., issuing pamphlets, providing
abbreviated lists of systems, providing a toll free number
for assistance, etc.
o MICRO COMPUTER POLICY. How many of your agency's systems of
records are contained in stand-alone micro computers, i.e..
on floppy or hard disk? Does your agency have written
policies for who may have access and for safeguarding and
disposing of records?
o AUTOMATION. What percentage of your agency's systems of
records are automated, either in whole or part? What
percentage of all of the individuals in your agency's
systems of records are contained in automated systems?
o FOIA/PA RELATIONSHIP. How does your agency process first
party requests for access to Privacy Act records that (1)
cite the Privacy Act alone; (2) cite the FOIA alone; (3)
cite both Acts; (4) cite neither Act? Does your agency have
a written policy on processing these kinds of requests?
o MATCHING PROGRAMS. OMB Memorandum M-84-6, dated December
29, 1983 transmitted a "Computer Match Checklist" for
agencies to use in documenting matching programs. The
memorandum requires agency to complete the checklist
immediately following publication of the report of the
matching program in the Federal Register, and to maintain
checklists on file for OMB review. Send copies of these
checklists for all matching programs for which a Federal
Register report was published in 1985. You should ensure
consistency with the figures you report in paragraph D. of
Section I of these instructions.
o PRIVACY ACT TRAINING. Your answers to the following
questions will help us assess the state of such training and
determine the need for additional training:
What is your agency's policy toward providing Privacy
Act training to its employees, (e.g., required for all
new employees, required only for employees who work
with Privacy Act matters, provided only to those who
request it, etc.)?
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What percentage of your agency's employees have
received formal Privacy Act training, in each of the
following categories (1) executive level, (2)legal
staff, clerical or administrative staff, ADP staff.
Agency Operated Training. Does your agency conduct its
own internal training program(s)? If yes,
Who is responsible for conducting such training?
What are the criteria for deciding who is to be
trained?
What are the criteria for deciding if training has been
effective and useful?
Briefly describe your program(s) and provide copies of
any training materials used.
How many employees were trained in CY 1985 (if
possible, by category e.g., executive level, legal
staff, clerical or administrative staff, ADP staff).
Use of Other Privacy Act Training. What other formal
training courses did your agency use in CY 1985,(e.g.,
by other governmental agencies such as the Office of
Personnel Management, or the Department of Justice's
Legal Education Institute, or by private firms).
How many agency employees received such training (by
course and category of employee, if possible)?
Was your agency satisfied with the quality of the
training? How did it determine this?
Do you have any suggestions for Privacy Act training
This information is due to OMB no later than June 30, 1986.
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/004
The President's
ANNUAL REPORT
on the Agencies'
Implementation of the
Privacy Act of 1974
CY 1982 - 1983
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