How to Make a Privacy Act Request

Requesting Information about Oneself From the Government

Apr 24, 2009

Privacy Act Covers U.S. Government Records, Arker

The Privacy Act protects access to one's individual records that are held by the federal government and guarantees that those records must be accurate.

The United States government compiles a wide range of information about individuals, including records relating to military service, income tax returns and applications for federal benefits, to name a few. The Privacy Act establishes controls over what personal information the government collects on U.S. citizens and legal residents, and how it is used.

All agencies under the Executive Branch of the United States government must make certain records available upon request. The Privacy Act applies to records held about individuals by all agencies within the Executive Branch of the U.S. government, including military departments, regulatory agencies and cabinet departments. It applies to records that are retrieved by an individual's name or other personal identifier, such as a Social Security number.

What Does the Privacy Act Guarantee?

The Privacy Act guarantees individuals the following rights:

The right to view one's own records, subject to Privacy Act exemptions.
The right to amend a record if it is not accurate, relevant, timely or complete.
The right to sue the government for violations of the Act, such as permitting unauthorized persons to view one's records.

The Privacy Act sets forth ten exemptions that allow an agency to withhold certain kinds of information contained in one's record. These exemptions are enumerated in the statute, and cover such matters as classified information on national security and sensitive or confidential information related to criminal investigations.

Requesting Records under the Privacy Act

Privacy Act requests must be made to the agency maintaining one's records. For example, the Army Department would maintain the military records of a person who had served in the Army. The Office of the Federal Register maintains a website that contains descriptions of federal agency systems of records maintained on individuals.

To make a Privacy Act request:

The request must be in writing and addressed to the agency's Privacy Act Officer.
The letter and envelope should be marked "Privacy Act Request."
Proof of identity, such as a copy of one's driver's license with full name and address, should be enclosed.
The letter should be signed and include as much information as possible specifying the requested records.

Under the Privacy Act, an agency may charge a fee only for the actual cost of copying the records.

Although agencies are not required to respond to requests within a specific period of time, many have adopted the response times required by the Freedom of Information Act. If, after reviewing his or her records, a person believes they contain incorrect information, he or she should write to the agency official who released the records and include documentation for each requested amendment. The agency must acknowledge receipt of the amendment request within 10 working days.

Requesting an Amendment to One's Records

If an individual requests an amendment to his or her records, the agency will notify the individual what will be done to amend the record. If the agency denies the amendment, the individual may request that the agency review the refusal. The agency must conduct the review and make a final determination within 30 working days.

If the review results in another denial, the requester may submit a statement explaining why he or she thinks the records are incorrect and the agency must attach the statement to the records involved. The agency must also inform the individual of his or her right to judicial review of the denial.

The copyright of the article How to Make a Privacy Act Request in Law is owned by Suzanne Bechard. Permission to republish How to Make a Privacy Act Request in print or online must be granted by the author in writing.