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M-99-05,
Attachment A
The
White House
Washington
May
14, 1998
MEMORANDUM
FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT:
Privacy and Personal Information in Federal
Records
Privacy is
a cherished American value, closely linked to our concepts of personal
freedom and well-being. At the same time, fundamental principles
such as those underlying the First Amendment, perhaps the most important
hallmark of American democracy, protect the free flow of information
in our society.
The Federal
Government requires appropriate information about its citizens to
carry out its diverse missions mandated by the Constitution and
laws of the United States. Long mindful of the potential for misuse
of Federal records on individuals, the United States has adopted
a comprehensive approach to limiting the Government's collection,
use, and dis-closure of personal information. Protections afforded
such information include the Privacy Act of 1974, the Computer Matching
and Privacy Protection Act of 1988, the Paperwork Reduction Act
of 1995, and the Principles for Providing and Using Personal Information
("Privacy Principles"), published by the Information Infra-structure
Task Force on June 6, 1995, and available from the Department of
Commerce.
Increased computerization
of Federal records permits this information to be used and analyzed
in ways that could diminish individual privacy in the absence of
additional safeguards. As development and implementation of new
information technologies create new possibilities for the management
of personal information, it is appropriate to reexamine the Federal
Government's role in promoting the interests of a democratic society
in personal privacy and the free flow of information.
Accordingly,
I hereby direct the heads of executive departments and agencies
("agencies") as follows:
It shall be
the policy of the executive branch that agencies shall:
(a) assure
that their use of new information technologies sustain, and do
not erode, the protections provided in all statutes relating to
agency use, collection, and disclosure of personal information;
(b) assure that personal information contained in Privacy Act
systems of records be handled in full compliance with fair information
practices as set out in the Privacy Act of 1974;
(c) evaluate legislative proposals involving collection, use,
and disclosure of personal information by the Federal Government
for consistency with the Privacy Act of 1974; and
(d) evaluate legislative proposals involving the collection, use,
and disclosure of personal information by any entity, public or
private, for consistency with the Privacy Principles.
To carry out
this memorandum, agency heads shall:
(a)
within 30 days of the date of this memorandum, designate a senior
official within the agency to assume primary responsibility for
privacy policy;
(b) within 1 year of the date of this memorandum, conduct a thorough
review of their Privacy Act systems of records in accordance with
instructions to be issued by the Office of Management and Budget
("OMB"). Agencies should, in particular:
(1)
review systems of records notices for accuracy and completeness,
paying special attention to changes in technology, function, and
organization that may have made the notices out of date, and review
routine use disclosures under 5 U.S.C. 552a(b)(3) to ensure they
continue to be necessary and compatible with the purpose for which
the information was collected;
(2) identify any systems of records that may not have been described
in a published notice, paying special attention to Internet and
other electronic communications activities that,may involve the
collection, use, or disclosure of personal information;
(c)
where appropriate, promptly publish notice in the Federal Register
to add or amend any systems of records, in accordance with the procedures
in OMB Circular A-130, Appendix I;
(d) conduct a review of agency practices regarding collection or
disclosure of personal information in systems of records between
the agency and State, local, and tribal governments in accordance
with instructions to be issued by OMB; and
(e) within 1 year of the date of this memorandum, report to the
OMB on the results of the foregoing reviews in accordance with instructions
to be issued by OMB.
The Director of
the OMB shall:
(a) issue
instructions to heads of agencies on conducting and reporting
on the systems of record reviews required by this memorandum;
(b) after considering the agency reports required by this memorandum,
issue a summary of the results of the agency reports; and
(c) issue guidance on agency disclosure of personal information
via the routine use exception to the Privacy Act (5 U.S.C. 552a(b)(3)),
including sharing of data by agencies with State, local, and tribal
governments.
This memorandum
is intended only to improve the internal management of the executive
branch and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
WILLIAM J. CLINTON
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