New proposed Privacy Act guidance: Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act

The World Privacy Forum submitted comments today on an important proposal from the US Executive Office of the President, Office of Management and Budget regarding a circular directing agencies how to write, post, review, and generally handle Privacy Act notices. The proposal, called Circular A-108 Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, is important in both the long and short term of Privacy Act implementation.

WPF has made ten requests for substantive changes in the proposed circular, including:

  • The exclusion of all blanket Routine Uses of data,
  • A requirement that OMB should direct agencies to undertake a comprehensive review of system notices on a defined schedule (multiyear for agencies with large numbers of systems) and to publish both the schedule and the results of the review on a public website maintained and overseen by the Federal Privacy Council or the new OMB privacy office,
  • A requirement that any Privacy Act notice include an electronic method of submission,
  • Among other requests.

You can see all of our requests in our detailed comments.

At the time of submission, WPF was the only commenter on this important document. We encourage all who have an interest in the Privacy Act and its protections to write in a comment.

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