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Privacy Act of 1974 rule (2022)

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Revision as of 15:31, 29 April 2025 by Annelise Reinwald (contribs) (Text replacement - "Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review. ↵↵Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 furt...)
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Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition.


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The Privacy Act of 1974 rule is a significant rule issued by the Office of the Secretary, U.S. Department of Homeland Security (DHS) effective December 16, 2022, that updated language and provisions of the Privacy Act of 1974, and made technical edits to its Freedom of Information Act. DHS issued the rule pursuant to their authority under 5 U.S. Code 301, 552, and 552a, and 6 U.S.C. 112(e).[1]

HIGHLIGHTS
  • Name: Privacy Act of 1974
  • Agency: Office of the Secretary, U.S. Department of Homeland Security (DHS)
  • Action: Final rule
  • Type of significant rule: Other significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    In 2003, DHS issued a final rule implementing procedures for the Privacy Act of 1974, and has since not made any significant changes or amendments. In 2016, DHS issued a final rule to address changes to their Freedom of Information Act (FOIA) per the Open Government Act of 2007 and FOIA Improvement Act of 2016. This final rule aimed to update and streamline Privacy Act regulations and issue technical edits for FOIA procedures following the 2016 rule.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Department of Homeland Security (DHS or Department) is amending its regulations under the Privacy Act of 1974. DHS is updating and streamlining the language of several provisions. In addition, DHS is making minor, technical edits to its Freedom of Information Act regulations.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    The rule outlines general provisions regarding the processing of records under the Privacy Act of 1974 and the Judicial Redress Act of 2015 by the Department of Homeland Security (DHS). The section covers the purpose and scope, definitions, authority for requesting records, procedures for access to records, fee agreements, verification of identity, appeals process, and requests for amendment or correction of records. It details the responsibilities of DHS components, procedures for handling requests, and the classification of information. The text also specifies the timeline for responses to requests, acknowledgment of requests, grants, and denials, as well as the handling of appeals and statements of disagreement. Additionally, it addresses the amendment or correction of records and provides exemptions to this process for certain types of records.

    It also outlines various provisions related to the Privacy Act, specifically addressing requests for an accounting of record disclosures, preservation of records, fees, notice of court-ordered and emergency disclosures, security of systems of records, contracts for the operation of systems of records, use, and collection of Social Security numbers, standards of conduct for administration of the Privacy Act, and sanctions and penalties for violations. The document covers procedures, conditions, and requirements for handling personal information, ensuring accountability, and maintaining confidentiality within the Department.

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Privacy Act of 1974 states that OMB deemed this rule significant, but not economically significant:

    “ This rule has been designated a significant regulatory action, under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Federal Register, "Privacy Act of 1974 rule," December 18, 2023.
    2. ↑ 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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