E-Government Act (2002)
Requirements
- requires the federal government to use information technologies that protect privacy
- requires federal agencies to conduct Privacy Impact Assessments (PIAs)
- review IT systems for privacy risks
- requires privacy protection measures to secure the data in the systems
- Federal agencies must post their privacy policies to their websites
- post machine-readable privacy policies on website
- Report privacy activities to the OMB
Privacy Impact Assessment
A privacy impact assessment (PIA) is an agency’s review of how its IT systems use personal information.
- PIA makes sure that systems:
- are evaluated for privacy risks
- uses personal information in a way that follows the law
- helps an agency determine the risks of collecting personal information
- examines the types of controls that an agency must put in place to reduce privacy risks
- learn more from FTC
When to Conduct a PIA
- Must conduct a PIA when:
- before it develops or buys any IT system that will collect personal information
- its IT systems change in such a way that new privacy risks are introduced
- an agency changes from paper to electronic systems
- chooses to outsource an IT system or function that uses personal data
PIA Information
- agency’s PIA must include information about its data collection practices
- similar to fair information practice principles
- must contain the following information:
- What data the agency will collect
- Why the agency is collecting the data
- How the agency will use the data
- How the agency will share the data
- Whether people have the opportunity to consent to specific uses of the data
- How the agency will secure the data
- Whether the data collected will be a system of records defined by the Privacy Act of 1974
Reporting Privacy Activities
- agency must submit its PIAs to the OMB
- must make them available to the public
- unless when doing so might compromise the security of an IT system
- requires agencies to post privacy policies on their websites
- must contain the same types of information that are in a PIA
- make the public aware of how the agency collects information
- also state how the agency uses that information
- must post a link to their privacy policies on their main website home page and write them in language that is easy to understand
- requires agencies to adopt machine-readable privacy policies
- alert users about the agency’s website privacy practices
- lets users know if the agency’s privacy practices match the user’s browser privacy preferences
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machine-readable privacy policy standard is called P3P