The “Overview of the Privacy Act of 1974,” prepared by the Department of Justice’s Office of Privacy and Civil Liberties (OPCL), constitutes a discussion of various provisions of the Privacy Act, as addressed by court decisions in cases involving the Act’s disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to and legal analysis of court decisions interpreting the Act. It is a comprehensive -- but not exhaustive -- resource that describes the current state of the law.
The Overview is not intended to provide policy guidance or create policy, as that role statutorily rests with the Office of Management and Budget (OMB), and where OMB has issued policy guidance on particular provisions of the Act, citation to such guidance is provided in the Overview. The 2020 edition of the Overview includes cases through April of 2020. It was published electronically in October 2020 and sent for print publication in November 2020. The online version will be a living document, and updated by OPCL in its discretion as appropriate.
OPCL is very pleased to provide this updated revision of the Overview, and could not have done so without the commitment of OPCL’s dedicated staff and the interagency Overview Working Group, who are recognized individually on the accompanying masthead. The organization and development of legal materials are the work product of OPCL, which is responsible for the Overview’s content.
Peter A. Winn
Acting Chief Privacy and Civil Liberties Officer
United States Department of Justice