Any agency maintaining systems of records subject to the Act,
including a
system of records meeting the requirements of Section 3(j) and (k)
of the Act,
must also satisfy certain other requirements set forth in Section
3. Without
elaboration, these additional requirements direct the agency to:
Maintain in its records only such information as is
relevant
and necessary to accomplish a lawful agency function (5 U.S.C. Sec.
552a(e)(1));
Collect information for its records directly from the
individual who is the
subject of the record, to the extent practicable (5 U.S.C. Sec.
552a(e)(2));
Inform each individual so requested to supply information the
authority,
purpose, routine uses, and the effects on him/her of not providing
the requested
information (5 U.S.C. Sec. 552a(e)(3)(A) to (D));
Publish in the Federal Register a detailed notice of any newly
established
or revised system of records containing personally identifiable
information; in
addition, subsection (e)(11) requires that 30-day
notice-and-comment rulemaking
be used when a new routine use for an existing system of records
is proposed
by the agency. (In the case of the systems notices for the U.S.
Attorneys'
offices, see 40 Fed.Reg. 38, 732 (July 9, 1975).
Maintain all records used by the agency in making any
determination about
the subject of a record with "such accuracy, relevance, timeliness,
and
completeness as is reasonably necessary to assure fairness to the
individual in
the determination" (5 U.S.C. Sec. 552a(e)(5));
Prior to dissemination of any such record to any person
(except for a
dissemination required by 5 U.S.C. Sec. 552) make reasonable
efforts to assure
the accuracy, completeness, timeliness, and relevance of the
records (5 U.S.C.
Sec. 552a(e)(6));
Maintain no record describing how an individual exercises
his/her First
Amendment rights unless "expressly authorized by statute or by the
individual
or unless pertinent to and within the scope of an authorized law
enforcement
activity" (5 U.S.C. Sec. 552a(e)(7));
Make reasonable efforts to notify the subject of a record that
the record
has been made available to another person under compulsory legal
process when
such process becomes a matter of public record (5 U.S.C. Sec.
552a(e)(8));
Establish standards of conduct and instruct its employees
concerning the
design, development, operation, maintenance, and dissemination of
its system of
records (5 U.S.C. Sec. 552a(e)(9));
Establish appropriate physical and other safeguards for its
systems of
records (5 U.S.C. Sec. 552a(e)(10));
Promulgate agency regulations to implement the Act (5 U.S.C.
Sec. 552a(f));
Establish reasonable fees for making copies of records subject
to the Act
(5 U.S.C. Sec. 552a(f)(5));
Apply the requirements of Section 3 of the Act to a government
contractor
obligated by contract to operate a system of records for the agency
(5 U.S.C.
Sec. 552a(m));
Prohibit the sale or lease of mailing lists of individual
names and
addresses, except as specifically authorized by law (5 U.S.C.
Sec. 552a(n));
Report in advance to Congress, OMB, 5 U.S.C. Sec. 552a(o), and
the Privacy
Protection Study Commission (Section 5(e)(2)(A) of the Act) any
proposal to
establish or alter a system of records subject to the Act; and
Prepare an annual report on operations under the Act for
submission to OMB
(5 U.S.C. Sec. 552a(p)).