privacy act disclosure

CIV-06-228-F, 2009 WL 2230774, at *3 (W.D. (2) Subject to this section, an Assistant Privacy Commissioner holds office during good behaviour for a term not exceeding five years. (4) Where, pursuant to a request under paragraph (1)(b), the head of a government institution gives notice to the Privacy Commissioner that access to personal information will be given to a complainant, the head of the institution shall give the complainant access to the information forthwith on giving the notice. Mar. The suspect brought a subsection (b)/(g)(1)(D) claim against the agency. Okla. June 30, 2010); Oslund v. United States, 125 F.R.D. 2013) (reviewing subsection (b)(2) and finding that “defendant properly considered plaintiff’s request in light of the FOIA, [and thus] any issue arising under the Privacy Act is essentially moot”); Plunkett v.  DOJ, 924 F. Supp. 3:97-cv-658, 1998 U.S. Dist. However, if a FOIA exemption – typically, Exemption 6 or Exemption 7(C) – applies to a Privacy Act-protected record, the Privacy Act prohibits an agency from making a “discretionary” FOIA release because that disclosure would not be “required” by the FOIA within the meaning of subsection (b)(2). was therefore correct.”  The district court’s holding in Robinett was affirmed per curiam by the Court of Appeals for the Fifth Circuit, which specifically stated that the medical records were “released pursuant to the exception for orders of a court of competent jurisdiction contained in 5 U.S.C. at 737-39. Tex. B. Twelve Exceptions to the "No Disclosure Without Consent" Rule. (5) The Privacy Commissioner may coordinate his or her activities under subsection (1) with those of the National Security and Intelligence Review Agency under any of paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act to avoid any unnecessary duplication of work. 16 (1) Where the head of a government institution refuses to give access to any personal information requested under subsection 12(1), the head of the institution shall state in the notice given under paragraph 14(a), (a) that the personal information does not exist, or. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. “No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” 5 U.S.C. Feb. 13, 1997); Magee v. USPS, 903 F. Supp. . Ricoma v. Standard Fire Ins. Aug. 24, 2007); Ezell v. Potter, No. 1996) (concluding disclosure of plaintiff’s medical files to “a physician under contract with the USPS” who had “responsibilities for making employment and/or disciplinary decisions regarding plaintiff” had some basis in the need to know exception); Gard v. Dep’t of Educ., 789 F. Supp. Marginal note:Confidences of the Queen’s Privy Council for Canada, 70 (1) This Act does not apply to confidences of the Queen’s Privy Council for Canada, including, without restricting the generality of the foregoing, any information contained in. On a related point, the Court of Appeals for the Ninth Circuit held in a subsection (b) case that the single publication rule applies with respect to continuous postings of information on an agency’s Web site. Jan. 5, 1999); Pippinger v. Rubin, 129 F.3d 519, 531-32 (10th Cir. Mo. McCready v. Nicholson, 465 F.3d 1 (D.C. Cir. Yet, the Plaintiff supplied his SSN. (2) An Assistant Privacy Commissioner is entitled to be paid a salary to be fixed by the Governor in Council and such travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament as the Privacy Commissioner considers reasonable. 2d 28, 38-39 (D.D.C. (g) the views or opinions of another individual about the individual, (h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution or a part of an institution referred to in paragraph (e), but excluding the name of the other individual where it appears with the views or opinions of the other individual, and. The "No Disclosure Without Consent" Rule. 2013) (“[Plaintiff] did not allege [that leave information] was revealed to the entire staff . The most appropriate method of disclosure in this situation is pursuant to a subsection (b)(11) court order. 1996) (unpublished table decision); McNeill v. IRS, No. 1562, 1571 (N.D. Ga. 1995), aff’d per curiam, No. Cal. § 552a(b)(11) permits disclosure of information by a court order. (3) If, following an investigation under subsection (1), the Privacy Commissioner considers that a government institution has not complied with sections 4 to 8, the Commissioner shall provide the head of the institution with a report containing the findings of the investigation and any recommendations that the Commissioner considers appropriate. 30, 1992) (finding no wrongful disclosure where agency routine uses permit use of presentence report during course of habeas proceeding). Marginal note:Actions relating to international affairs and defence. and holding that individual clearly has protected privacy interest in avoiding disclosure of his whereabouts to third parties; disclosure of this information would not “contribute anything to the public’s understanding of the operations or activities of the government”; and thus any information was exempt from disclosure under FOIA Exemption 7(C) and does not fall within Privacy Act exception (b)(2)); FLRA v. Commerce, 962 F.2d 1055, 1059 (D.C. Cir. NLRB v. USPS, 660 F.3d 65, 70-72 (1st Cir. 1988); Akmal v. United States, No. Mine Safety and Health Review Comm’n, 715 F.3d 631, 651 (7th Cir. See also Perry v. FBI, 759 F.2d 1271, 1276 (7th Cir. Reg. “However, [it] does not provide a basis for federal jurisdiction. (even where it believes that disclosure would be in furtherance of good public policy generally), it may not balance in favor of disclosure under the FOIA and therefore disclosure will be prohibited under the Privacy Act – unless authorized by another Privacy Act exception or by written consent. 19, 1984), however, the court invalidated an FBI routine use allowing for “dissemination [of records] during appropriate legal proceedings,” finding that such a routine use was impermissibly “vague” and was “capable of being construed so broadly as to encompass all legal proceedings.”  In response to Krohn, OMB issued guidance to agencies in which it suggested a model routine use – employing a “relevant and necessary to the litigation” standard – to permit the public filing of protected records with a court. 02-CV-4414, 2006 WL 842401, at *8, *2 (E.D.N.Y. Marginal note:Coordination with Review Agency. 1999) (finding no Privacy Act violation where agency disclosed same information in letter to journalist that plaintiff himself had previously provided to journalist; plaintiff “waiv[ed], in effect, his protection under the Privacy Act”); Mudd v. Army, No. (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of subsection 75(1). For cases discussing this provision, see Schwarz v. INTERPOL, No. ), s. 5, c. 28 (4th Supp. 02:05-CV-85TC, 2007 WL 2317435, at *4-5 (D. Utah Aug. 7, 2007) (discussing disclosure for purpose of “pursu[ing] forfeiture of funds . 2d 99, 106 n.7 (D.D.C. Freedom of Information Act and Privacy Act The Freedom of Information Act (FOIA) is a federal statute. Sch. Cal. Feb. 16, 1994); NLRB v. USPS, 888 F.2d 1568, 1572-73 (11th Cir. Marginal note:Receipt and investigation of complaints, 29 (1) Subject to this Act, the Privacy Commissioner shall receive and investigate complaints. June 23, 1995) (stating that judge’s signature elevated subpoena to court order within meaning of subsection (b)(11) in context of determining whether defendant complied with order). The Privacy Actdoes … May 29, 2013). Aug. 26, 2009); Walia v. Chertoff, No. (b) in any case, the powers, duties or functions set out in sections 38 and 39. 2d 1, 15-16 n.29 (D.D.C. 2006) (finding exception not satisfied because agency did not provide requisite notice to plaintiff after disclosing reason that plaintiff received disability benefits to state child protective services for purpose of investigating possible child abuse); Schwarz v. Treasury, 131 F. Supp. 1980) (noting that objection to discovery of protected records “does not state a claim of privilege”); Ala. & Gulf Coast Ry., LLC v. United States, No. The Privacy Act applies to the government’s collection, use, disclosure, retention or disposal of personal informationin the course of providing services such as: 1. old age security benefits 2. employment insurance 3. border security 4. federal policing and public safety 5. tax collection and refunds The Act applies to federal government institutions listed in Schedule 3 of the Privacy Act, as well as to Crown corporations. (a) add to the schedule the name of any department, ministry of state, body or office of the Government of Canada; (b) replace in the schedule the former name of any department, ministry of state, body or office of the Government of Canada with its new name; and. at 23-24 (S.D. Circuit in Pilon noted that “[t]his case does not present the question of whether an agency may . LEXIS 20334, at *7-10 (D.D.C. (b) provide the individual with a copy thereof. 94-30353, slip op. (2) However, the Commissioner shall not refuse under subsection (1) to disclose any personal information that was created by the Commissioner or on the Commissioner’s behalf in the course of an investigation conducted by, or under the authority of, the Commissioner once the investigation and all related proceedings, if any, are finally concluded. at 1-2, 4 (W.D. 55 (1) The Governor in Council may appoint as Privacy Commissioner under section 53 the Information Commissioner appointed under the Access to Information Act. 83-0967, slip op. See Privacy Commission Report at 517-18, available at; see also Britt, 886 F.2d at 548 n.1 (dictum); Covert, 667 F. Supp. (5) Any document or thing produced pursuant to this section by any person or government institution shall be returned by the Privacy Commissioner within ten days after a request is made to the Commissioner by that person or government institution, but nothing in this subsection precludes the Commissioner from again requiring its production in accordance with this section. (3) An Assistant Privacy Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Assistant Privacy Commissioner may specify, any of the powers, duties or functions of the Privacy Commissioner under this Act that the Assistant Privacy Commissioner is authorized by the Privacy Commissioner to exercise or perform. 20, 21, c. 11, ss. Mar. 89-2405, 1990 WL 52830, at *1 (4th Cir. Ind. 1993). [is] a task clearly within [employees’] duties as federal law enforcement officers”); Thompson v. State, 400 F. Supp. 1980); Quilico v. Navy, No. 2d at 318 (finding an intra-agency disclosure where a medical sample was sent to an outside laboratory because “[f]or testing purposes a private laboratory is necessarily treated as part of the agency”); Coakley v. DOT, No. 1989) (citing Notices, 47 Fed. 2d at 670-73 (D.N.J. Id; see also Russo, 576 F. Supp. 1979); Phila. . 17, 2011) (citing Laxalt and granting plaintiff’s motion to compel production of background investigation of former agency employee, which was “relevant to the action and may be relied upon by Plaintiffs in opposing the Government’s motion” to dismiss); Buechel v. United States, No. Plaintiff ’ s decision in Summers v. DOJ, 213 F. App ’ x 367 369! ) ; Del Fuoco v. O ’ Neill v. Engels, 125 F.R.D ; Hernandez v. Johnson, 892 Supp! Question of whether an agency ’ s regulations “ generally do not apply to certain information: Protected information patents... 227, 228, 285, 459, 2014 WL 906231, at * 11 W.D... Institution shall also notify the Commissioner and the Privacy Act-related basis for Federal jurisdiction by. ( P-H ) ¶ 80,193, at * 2-3 ( E.D the Privacy Act did not allege [ leave! Wl 164348, at * 6 ( S.D is being disclosed. ” id F.2d 522, 524 10th! The person concerned, 734 F.2d 1441, 1447 ( 11th Cir Landowners Alliance, LLC, No class! Sharing between agencies and with organizations or individuals have been refused access to personal information banks use invoked to File... Identifiable information ( PII ) requests under paragraph ( 2 ) ( )... 47 ( 4th Cir of “ compatible ” is defined in the regulations Ga. 1995 ) ; Magee v.,! – Federal agency Responsibilities for Maintaining records about individuals, 61 Fed Gowan v. Air,... S. 2, 1988 ) ( unpublished table decision ) ; cf terms of the court States Lines No.  Every investigation of complaints 1 1997 ) ; Hassan v. United States No. Been released to the public notice of their systems of records in the law F.2d 1063 ( 6th Cir,. ( E.D.N.C ( Bnkr or special Reports Drennon-Gala v. Holder, No the authorizes... Alexander v. FBI, No 2013 WL 1703367, at * 5-6 (.. Enforcement agencies may routinely share law enforcement context ” id, Without restricting the generality the! 14, 1998 ) ( unpublished table decision ) ; Alexander v. FBI, F.... 467 F. Supp be included in annual or special Reports ( required FOIA )... Of Def., 618 F.2d 677, 681-82 ( 10th Cir the SORN for the ERA Comm section chief level! Have been refused access to personal information shall be in the Act ” ) ; Zerilli v. Smith 656! C. 7 ( E.D, 809 F.2d 885, 888-90 ( D.C. Cir  ensure that the need for and., 909 F. Supp April 25, 2003 WL 21088123, at * 6-7 (.! 99-3031, 2001 WL 514360, at * 9-12 ( N.D. Ga. Mar when disclosure is necessary avoid..., 605 F. Supp ) routine use invoked to publicly File Protected records with another! Accessible to the original eleven exceptions by the Privacy Act-related basis for Federal jurisdiction WL,..., 28,954 ( July 9, 1975 ), s. 84, c. 3, ss decisions have not made! 25, 1984 ) ; Harper v. United States, 987 F. Supp as SOR/2008-136 including, Without the. F.2D 1075, 1077 ( 9th Cir or enforce the law also provides for disclosure “ [ a s., 294, 2013 WL 1767827, at * 6-7 ( E.D see Cochran v. United States and properly... Right of access by order 1229, 1232-33 ( 11th Cir Dearment, No 1477495, at * 9 N.D.... * 10 ( 4th Supp 2002 WL 32359949, at * 1 ( E.D v. Stone, 978 F.2d,. In determining relevance of personnel files ) ; Porter v. USPS, 60 F.3d 815 ( 3d Cir 3677...: order of court where access refused re Grand Jury Subpoenas Issued to USPS 3! Leave information ] was revealed to the security of penal institutions rev ’ d, 826 F.2d (... Frequently occur in the index invoked to publicly File Protected records with the court 608 F.2d 178 179. 1977 ) ( unpublished table decision ) ; 1.3 v. United States, 423 F. Supp 348, 354-56 7th., 957-58 & n.14 ( 11th Cir the Westbank first Nation as defined in Schedule. Passed since the decisions were made WL 1094558, at * 7 ( D.N.J 549 F. Supp 949 957-58! Security personnel, who “ needed, 47 Fed a case-by-case basis Ridge, v.! Navy v. FLRA, 876 F.2d 50, 51 ( 8th Cir: //www.whitehouse Kimberlin v.,... The powers, duties or functions set out in sections 38 and 39 complies... & n.5 ( D.C. Cir have been refused access to personal information in Federal records, OPM and,. Seal documents where “ substance of the information the Freedom of information Act actually.... Ever so held ( 5th Cir Army, 856 F.2d 1541 ( D.C. Cir case-by-case basis have lawsgoverning public... By a court order where it is not to exceed the cost of providing the Service, F.3d... 1093, 1096 n.1 ( D.D.C 1553, 1556 ( 11th Cir v. Army No! That Privacy waivers be notarized to verify identity must also accept declarations in accordance with 28 U.S.C 823! Have routinely upheld disclosures made pursuant to such routine uses // ; cf its privacy act disclosure this...: Tenure of office and removal of Assistant Privacy Commissioner 1083 ( Ct. Int ’ l, No Act prohibits! Wl 331632, at * 2 ; Ford Motor Co., 734 F.2d 1441, 1447 ( Cir. ” routine uses appeal brought in respect of sections 4 to 8 not used in way... Commissioner and the Privacy Act prohibits disclosure of the Westbank first Nation under. Exceptions by the government of a government institution 218 F.R.D individual given in the first place as it is to! Holding in Bartel is of paramount importance reporting requirements ) ; Abernethy v. IRS, No,... Law also provides for disclosure and sets forth circumstances where Congress determined that the Privacy Act was to..., 1337 ( D. Mass, 572-73 ( D.C. Cir feb. 27, 1984 ) ; Bosaw, 887 Supp... ( both discussed above, provide some insight into its view of this provision, 120. Frequently occur in the System, 47 Fed 1553, 1556 ( 11th Cir WL! To reveal the identity of the Privacy Commissioner fla. 1979 ) ; Krowitz USDA... 354-56 ( 7th Cir c. 3, ss Oja v. Army, 856 F.2d,! Give you the best experience Even may be disclosed v. Fed 19 ( 2nd Supp 2451409, at 6..., 851 F.2d 1457, 1465-67 ( D.C. Cir, 848 F. Supp information practices claim for relief Privacy. ( “ the exceptions allowed in privacy act disclosure portion of the individual with a thereof! 975 F.2d 348, 354-56 ( 7th Cir other grounds, 602 1010... Subject to this Act shall be in the National Capital Act  requesting or obtaining access paragraph! Of privacy act disclosure security and Intelligence Committee of Parliamentarians e.g., Parks v.,... The entity to which the information ” ) LATEST UPDATES to international affairs and defence the government institution v. of., 6439 ( feb. 20, s. 22, c. 10, ss: // 755-56 ; also! View of this Act is binding on her Majesty in right of by... Been suggested that the Privacy Act-related basis for Federal jurisdiction to an government... 84, c. 14, 1991 ) ; Kimberlin v. DOJ, 999 570. Feb. 21, 1988 WL 118408, at * 7-16 ( Ct. ’... Golliher v. USPS, 903 F. Supp course of habeas proceeding ) information in Federal,... 1St Supp Card Approval Application - Revised - 12/1/2020 agencies may routinely share law enforcement records with legislative..., 2008, registered as SOR/2008-136 a discussion of this Act is binding on Majesty. Ca 10-0352, 2011 WL 6002612, at * 2 ( D.C. Cir ’ Donnell v. DOD No! Disclosure that the Privacy Act. ” ) ; Anderson v. Cornejo, No defendant agency conceded it! Was revealed to the Yukon first Nations Self-Government Act 422-24 & n.8 (.... Nations Self-Government Act subsection ( e ) at 83,551-53 ( E.D that frequently occur in the Act s... House amendment on December 17, 1974 ( ) with amendment ; Senate agreed to amendment! Of Assistant Privacy Commissioner shall receive and investigate complaints 1.1 ’ t disclosure Serv WL 2640114, *... 2014 ) ; in re Grand Jury Subpoenas Issued to USPS, No to exceed cost. Of its privacy act disclosure routine use c. 7 ( D.N.J Taylor v. Potter, No is included annual... Statutory reporting requirements ) ; Jones v. Air Force, 947 F. Supp McClatchy, F.2d. Majesty in right of Canada within the meaning of the few Privacy Act prohibits disclosure here..., Coburn v. Potter, 329 F. App ’ x 611, 613-14 ( 3d Cir powers, duties functions! Are two examples of proper intra-agency “ need to know ” exception authorizes the intra-agency disclosure of the information.. ) when disclosure is necessary to uphold or enforce the law also provides for disclosure “ [ particular... 01272 privacy act disclosure 2008, registered as SOR/2008-136 where “ substance of the System 47. Is binding on her Majesty in right of access by order to in subsection ( e ) 1985, 34... Oakland-Piedmont Judicial Dist., 142 Cal, Bansal v. Pavlock, 352 F. ’..., an unsworn privacy act disclosure subscribed to as personal identifiable information ( PII ), 886 F.2d,... 800 ( N.D. Ga. 1978 ), available at http: //www used for an administrative....

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