The Privacy Act of 1974 is a federal law that protects individuals' personal information collected, maintained, and used by federal agencies. This act establishes rules and regulations to ensure citizens' private data is protected and not misused. But what personal information is protected by it?

We’ll explain exactly what is covered, plus, we’ll give details on how Trustworthy can help you keep personal information safe and secure.

Key Takeaways:

• The Privacy Act protects personal information such as your name, Social Security number, date of birth, financial information, medical history, and more.
  
  

• Federal agencies must have a legitimate reason to collect personal data and may only use it for its originally intended purpose.
  
  

• Individuals have the right to access their records and request corrections of inaccurate information.

  
  

What Personal Information is Protected by the Privacy Act? 

The Privacy Act protects a wide range of personal information that can be used to identify an individual, either alone or in combination with other data. This includes but is not limited to:

Name, Address, and Phone Number 

The Privacy Act protects individuals' basic contact information, including their full name, home address, and telephone number. Federal agencies are required to maintain the privacy of this information and cannot disclose it without the individual's consent unless an exception applies. 

This protection helps prevent unauthorized access to personal contact details, which could lead to identity theft, harassment, or other privacy breaches.

Social Security Number 

Social Security numbers (SSNs) are a key piece of personal information protected by the Privacy Act. SSNs are unique identifiers that can be used to link various records and databases, making them highly sensitive. 

Federal agencies must have a legitimate reason for collecting and using SSNs and implement strict safeguards to prevent unauthorized access or disclosure. Misuse of SSNs can result in identity theft, financial fraud, and other serious consequences for the affected individuals.

Date and Place of Birth 

The Privacy Act protects individuals' date and place of birth, as this information can be used to verify identity and access sensitive records. Federal agencies must ensure birth information is accurately maintained and kept confidential. Unauthorized access to date and place of birth can enable identity thieves to create fake identities or impersonate individuals to commit fraud.

Financial Information 

When collected and maintained by federal agencies, it protects individuals' financial information, such as bank account details, credit history, and income tax returns. This protection is important because financial data is highly sensitive and can be used for identity theft, financial fraud, or other malicious purposes. 

Federal agencies must have a legitimate need to collect financial information and must implement robust security measures to prevent unauthorized access or disclosure.

Medical History and Health Records 

The Privacy Act protects individuals' medical history and health records maintained by federal agencies, such as the Department of Veterans Affairs or the Centers for Medicare & Medicaid Services. 

This protection is essential because medical information is highly personal and sensitive, and its unauthorized disclosure can lead to discrimination, stigmatization, or other harm. Federal agencies must maintain the confidentiality of health records and limit access to authorized personnel only.

Criminal History 

It protects individuals' criminal history records maintained by federal agencies, such as the Federal Bureau of Investigation (FBI). Criminal history information is sensitive because it can significantly impact an individual's reputation, employment prospects, and other life opportunities. 

Federal agencies must ensure criminal records are accurate, complete, and kept confidential, with access limited to authorized purposes, such as law enforcement or background checks.

Employment History 

The Privacy Act protects individuals' employment history records collected and maintained by federal agencies, such as the Office of Personnel Management (OPM). Employment history may include information about past jobs, performance evaluations, and disciplinary actions. 

Protection of this information is important because unauthorized access or disclosure could lead to reputational damage, discrimination in hiring or promotions, or other adverse consequences for the affected individuals.

Educational Background 

It protects individuals' educational background information, such as academic records, transcripts, and diplomas, when collected and maintained by federal agencies. This protection is important because educational information can impact an individual's career prospects, and its unauthorized disclosure could lead to privacy breaches or discrimination. 

Federal agencies must maintain the confidentiality of educational records and limit access to authorized personnel for legitimate purposes, such as processing student loan applications or conducting background checks for certain positions.

Jamie E. Wright, Founder of The Wright Law Firm (Los Angeles, CA), explains:

 "The Privacy Act of 1974 is basically the guardian angel for your personal information held by federal agencies. It ensures that any information that can identify you, such as your name, Social Security number, or other personal details, is protected. 

The law requires these agencies to only collect absolutely necessary data for their work and to keep it safe from prying eyes. This is super important because it helps prevent your private details from being shared without your permission, which can protect you from identity theft, discrimination, and other privacy breaches.”

Securely Store Your Personal Info with Trustworthy

Trustworthy is a secure platform that helps you safeguard your sensitive personal information in compliance with privacy laws like the Privacy Act. With strong encryption, access controls, and other privacy features, Trustworthy ensures your personal data stays private and protected. Its intuitive interface makes it easy to store, organize, and manage your important personal records.

With its share feature, you can also ensure family members have access to necessary documents when they need them. 

Frequently Asked Questions

Does the Privacy Act apply to private companies or organizations? 

No, the Privacy Act only applies to federal agencies and does not cover private companies or organizations. However, there may be other privacy laws or regulations that apply to private entities.

Can an individual sue a federal agency for violating the Privacy Act? 

Yes, individuals can file a civil lawsuit against a federal agency for violating the Privacy Act. If successful, they may be entitled to damages, court costs, and attorney's fees.

How can an individual find out what personal information a federal agency has about them? 

Under the Privacy Act, individuals have the right to request access to their records maintained by federal agencies. They can submit a written request to the agency, and the agency must respond within a certain timeframe.

Does the Privacy Act apply to non-U.S. citizens? 

The Privacy Act applies to U.S. citizens and lawful permanent residents (green card holders). It generally does not apply to non-U.S. citizens, although some agencies may extend certain protections to them as a matter of policy.