The Privacy Act of 1974, embodied in Title 5 U.S. Code 552a, is a vital federal law designed to regulate how government agencies handle people's personal information.

Its primary goal is to protect individuals against the misuse of their private data. The Act establishes guidelines for the collection, storage, maintenance, and dissemination of records established by federal agencies, ensuring that personal information is only accessed and disclosed according to strict legal standards.

Certain violations of the Privacy Act of 1974 can result in federal criminal charges.

In other words, the Privacy Act of 1974, a federal law that shields individuals from the collection, use, and disclosure of their personal information, is a reassuring shield. It establishes a code of fair information practices (FIPPs) that governs how federal agencies handle personal information.

This federal act also empowers individuals, giving them the right to request their records, request changes to their records, and be protected from unwarranted invasions of their privacy.

The term "record" means any item, collection, or grouping of information about someone maintained by an agency, including their education, financial transactions, medical history, and criminal or employment history, that has their name or the identifying number, symbol, or other identifying particular assigned to that individual, such as a finger or voice print or a photograph.

The Privacy Act defines a "system of records," meaning a group of records under the control of any agency from which information is retrieved by the individual's name or by some identifying number, symbol, or other identifying particular assigned to the individual.

Most violations of the Privacy Act result in civil remedies, such as the right to sue for damages. However, certain breaches can lead to federal criminal charges. If you are under investigation for violating the Privacy Act, here's what you need to know about this possibility.

Overview of the Privacy Act

The Privacy Act applies to federal agencies and their employees, obligating them to maintain lawful practices concerning personal data. Among its key provisions, the Act grants individuals the right to:

• Access records held by federal agencies about themselves.
• Request corrections to any inaccuracies in personal records.
• Be informed about the existence of records and how their data will be used.

Federal agencies are required to maintain accurate, relevant, and secure records systems. They must also issue public notices, known as "System of Records Notices" (SORNs), that describe the type of information collected and the purposes for which it is used. Violating these standards, especially when done intentionally or illegally, can result in criminal consequences.

The Privacy Act promotes transparency, requiring that agencies give the public notice of their systems of records by publication in the Federal Register.

As noted, the Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means to seek access to and amend their records and sets forth various agency record-keeping requirements.

Types of Criminal Offenses Under the Privacy Act

While the Privacy Act is generally intended to safeguard against administrative or procedural misuse of personal data, some violations fall squarely into the realm of criminal activity. These are outlined under Section 552a(i), which specifies three primary actions that can lead to federal criminal charges, as discussed below.

Unauthorized Disclosure of Records

Under 18 U.S.C. 552a(i)(1), it is a criminal offense for any federal employee to knowingly and willfully disclose records or personal information to an unauthorized party. This violation occurs when someone deliberately shares protected data without the individual's consent or any legal basis for the disclosure.

EXAMPLE: A federal employee accesses sensitive records from a personnel management database and provides this information to an acquaintance for personal gain.

Failure to Publish a System of Records Notice (SORN)

Federal agencies are legally obligated to publish a SORN whenever they establish a new system for collecting and storing records. Under 18 U.S.C. 552a(i)(2), an agency's failure to do so, particularly when done deliberately, constitutes a criminal offense.

EXAMPLE: An agency creates a database to track employees' financial information but deliberately avoids publishing a SORN to evade public scrutiny. This omission violates the Privacy Act, exposing the responsible parties to criminal liability.

Obtaining Records Under False Pretenses

This offense occurs when an individual intentionally misrepresents their identity, intentions, or authority to gain access to protected records. It is a serious offense that undermines the integrity and confidentiality of personal information. Unauthorized access to records under false pretenses can lead to various negative consequences, including identity theft, fraud, and breaches of privacy.

EXAMPLE: A person impersonates an authorized government official to get access to a database containing people's social security numbers.

What are the Penalties for Privacy Act Violations?

Criminal charges under the Privacy Act are federal misdemeanor offenses. If you are convicted of violating any of the above statutes, you could face:

• Fines: The court may impose a fine of up to $5,000.
• Imprisonment: Although rare in these cases, criminal violations of the Privacy Act qualify as misdemeanor offenses and thus may be subject to up to one year in federal prison.

Violations of the Privacy Act often intersect with other federal statutes, which may result in additional penalties. For instance:

• An individual who discloses sensitive data for monetary gain might also face bribery charges under Title 18 U.S.C. 201.
• An employee who falsifies records to obstruct justice could be charged with both a Privacy Act violation and obstruction of a federal investigation under Title 18 U.S.C. 1505.

What are Related Federal Laws?

5 U.S. Code Subchapter II, Administrative Procedure, has several related federal statutes, including the following:

• 5 U.S.C. 551 - Definitions,
• 5 U.S.C. 552 - Public information; agency rules, opinions, orders, records, and proceedings, 
• 5 U.S.C. 552a - Records maintained on individuals,
• 5 U.S.C. 552b - Open meetings,
• 5 U.S.C. 553 - Rulemaking,
• 5 U.S.C. 554 - Adjudications,
• 5 U.S.C. 555 - Ancillary matters, 
• 5 U.S.C. 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision,
• 5 U.S.C. 557 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record,
• 5 U.S.C. 558 - Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses,
• 5 U.S.C. 559 - Effect on other laws; effect of subsequent statute.

How a Federal Criminal Defense Attorney Can Help

Allegations of Privacy Act violations often involve complex legal issues and the potential for significant consequences, including criminal penalties, loss of employment, and reputational harm.

If you or someone you know is under investigation for a violation of the Privacy Act, seeking prompt legal counsel is essential. An experienced federal criminal defense attorney can help by analyzing the charges, reviewing evidence, and advising on the best course of action.

Often, mitigating factors, such as showing that the disclosure or misconduct was accidental or unintentional, can help reduce liability or avoid prosecution altogether.

For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.

Related Content:

• Privacy Act of 1974
• DOJ Systems of Records
• 5 U.S. Code 552a - Records Maintained