The Privacy Act Project: Revisiting and Revising the Privacy Act of 1974

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The Privacy Act of 1974 is an orphan. At a time when privacy is a hot legislative topic just about everywhere, almost no one has examined the Privacy Act, one of the oldest information privacy laws in the world. The act reflects the technologies of the 1970s, like ancient mainframe computers (that had less computer power than your smartphone) and filing cabinets filled with paper records—it’s that old.

The other feature of the Privacy Act that keeps it off current radar screens is that the act applies to U.S. federal agencies (and some federal contractors). Most contemporary attention to commercial privacy matters pushed privacy debates away from routine federal government record-keeping practices and onto things like social media privacy, targeted advertising, consumer rights.

Nevertheless, federal agencies maintain vast amounts of personal data, and they use that data to make

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