MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM JIMMY CARTER
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CIA-RDP81M00980R000200020028-8
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THE WHITE HOUSE
WASHINGTON
August 31, 1978
MEMORANDUM FOR THE HEADS OF
Executive Regmt'r
EXECUTIVE DEPARTMENTS AND AGENCIES
Enclosed for your information is a copy of the Third
Annual Report on executive branch administration of the
Privacy Act of 1974, which I recently transmitted to the
Congress.
The protection of personal privacy is of great concern to
the American people, and an important priority of my
Administration. I urge you to personally review this report
and take steps to further improve your agency's administra-
tion of the Privacy Act.
The report indicates that many agencies have made substantial
improvements in their implementation of the Act. I urge
each of you, however, to initiate additional efforts during
the coming year to reduce the amount of personal information
collected and maintained by the Federal government, to
avoid unwarranted disclosure of this information, and to
improve the internal management of personal data systems.
I have asked the Director of the Office of Management and
Budget to monitor these efforts and to keep me informed
of your progress.
MORI/CDF
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FEDERAL PERSONAL DATA SYSTEMS
SUBJECT
THE PRIVACY ACT 1974
THIRD ANNUAL REPORIT
OF THE PRESIDEN
CALENDAR YEAR
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VII
Pace
Introduction
1
Conclusions
2
Summary of Accomplishments and Future Plaris
3
Scope and Nature of Federal Personal Record-
keeping
6
Agency Administration of the Act
11
"l-hangers in Patter.:,.s._of InYurration Exchange
18
Exercise of individual Rights
23
Public Scrutiny of Federal Personal Record-
keeping
32
A endives
.The Privacy Act of 1974
Sraary Tables
and Agency
Use of Public Reports in Systems of Records
Summary of Systems Exempted by Agency
Summary of Exemptions by Authority and
Agency.
. Summary of Systems by Major Budget Function
I. Summary of Systems by Purpose
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I INTRODUCTION
The Privacy Act of 1974 (Public Law 93-579) provides that:
The President shall submit to the Speaker of the House
and the President of the Senate, by June 30 of each
calendar year, a consolidated report, separately listing
for each Federal agency the number of records contained in
any system of records which were exempted from the applica-
tion of this section under the provisions of subsections
(j) and (k) of this section during the preceding calendar
year, and the reasons for the exemptions, and such other
information as indicates efforts to administer fully this
section." (5 U.S.C. 552a(p)) .
This Third Annual Report of executive branch activities
under the Privacy Act covers operational experience during
calendar year 1.977. The report is based upon information
submitted to OMB by executive branch agencies and OMB
experiences in overseeing implementation of the Act.
In recognition of a fundamental right of individual privacy
which is protected by the Constitution of the United States,
the Privacy Act of 1974 established a system of checks and
balances to regulate the collection, maintenance, use and
dissemination of personal information by the Federal Govern-
ment in order to achieve a balance between the Government's
need to know and the individual's right to privacy. Under
the Act:
Know about and review personal information maintained
about them by Federal agencies.
Request that personal information which they believe
to be incorrect be amended or corrected.
Appeal adverse agency decisions relative to requests
for amendment or correction.
ue an agency in U. S. District Courts for violations
Federal departments and agencies are responsible for:
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? Collecting and maintaining only that personal infor-
mation which is relevant and necessary.
? maintaining personal data in a timely and accurate
manner.
0 Safeguarding personal data and limiting unauthorized
disclosure of such data.
Assuring adequate opportunities for public scrutiny
and comment on agency personal recordkeeping practices.
The Office of Management and Budget is responsible for:
? Providing oversight and assistance to agencies in
their implementation of the Act.
II CONCLUSIONS
The first two years of operation under the Privacy Act were
devoted to the establishment of agency programs, policies
and procedures for implementing the Act. Special emphasis
was placed on identifying and inventorying the nature and
.magnitude of personal data which is collected and maintained
by the Federal Government.
During 1977 many agencies undertook a comprehensive
review of the types of data which they maintain about
American citizens and their internal programs for managing
this data.
Conclusioi