Wednesday, June 15, 2011

Topic: Violation of Federal Privacy Rights



Violation of Federal Privacy Rights.


Privacy Laws (5 USC 552a) Are Violated by The Kids Act
i.e.,the DOJ Checking System for Social Networking Websites:

How are federal privacy rights violated? The explanation is rather complicated so we will start at the source of the PRIVATE information.
There is no doubt that every registrant that has been forced, under penalty of another conviction and imprisonment, to fess up personal information every time they go in to register or update registration information, and feels violated to the Nth degree. (Yes, 4th Amend Search and Seizure issues, that for another time)
This information under federal law is a "system of records" entitled to federal privacy laws.

While that happens at the State level (except for federal crimes which happens at the federal level)), the State then forwards that information to the federal level (-to the Department of Justice-) to be included in their National Sex Offender Registry. That transfer of information is mandated by various federal laws which we will not get into; suffice to say it happens.
In 2009 Congress enacted The Kids Act (read all about it here) the purpose of which was to establish a "federal hidden -nameless- database" which authorized social networks can use, to compare their accounts to, to find any registrants that had accounts on the social network site (SNS) and remove them from the SNS. Under these two laws (42 USC 16915a [Sec. 115a] and 42 USC 16915b [Sec. 115b]) the DOJ creates the database.

HOW THE VIOLATIONS OCCUR

The violations occur as follows:
1) By the DOJ allowing SNS access to information in the -federal nameless hidden database- (a "system of records") which contains ("individual") registrant criminal records (see 5 USC 552a(a)(3)(4)(5)). While the DOJ is allowed to disseminate information, it is not allowed to disseminate to third parties which SNS are not one of the allowable exceptions (see 5 USC 552a(b) (1)-(7));

2) Within the Kids Act, when the SNS gets a match, the DOJ then provides the SNS even more information about a registrant, an additional privacy law violation. i.e., name, sex, resident address, photograph, and physical description. (see 42 USC 16915b(a)(2));

3) When a agency creates a "system of records" it is required to tell persons -individually- whether their rights, benefits or privileges under federal programs might be affected. (5 USC 552a(e)(2)(3)). Certainly creating a "hidden system of records" which will be used to stop registrants from using a SNS qualifies as a federal program. Admittedly the system was published in the Federal Register but registrants are not told individually, as required, on the forms when the information was collected from registrants (5 USC 552a(e)(3)), neither are they told under the Kids Act. The system of records is kept hidden from registrants;

4) Registrants are supposed to be informed of any "system of records" that contain information pertaining to him/her, so that, the system may be accessed by that person, to allow them to contest the content. Agencies are required to have "Procedures" explaining how registrants may do that. (5 USC 552a(e)(4) (g)and(h)). Further proof of a privacy act violation. Clearly the manner which this "system of records" is used "could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained." (5 USC 552a(e)(10)).

Note: The more I read this federal privacy law, the more I am also sure that, ALL PUBLIC REGISTRIES violate federal PRIVACY laws.

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The Federal Privacy Law is often violated
by haphazard handling or failing to protect registrant information:
Federal Privacy Rights Law 5 USC 552a

Federal privacy laws of registrants can be violated by Federal and State agencies when they fail to restrict, pursuant to federal law, access or use of information registrants have provided when they registered. see the following:
When a agency creates a "system of records" it is required to tell persons -individually- whether their rights, benefits or privileges under federal programs might be affected. (5 USC 552a(e)(2)(3)).

Sex Offender Registry Registrants are supposed to be informed of any "system of records" that contain information pertaining to him/her, so that, the system may be accessed by that person, to allow them to contest the content. Agencies are required to have "Procedures" explaining how registrants may do that. (5 USC 552a(e)(4) (g)and(h)).

Clearly the manner which this "system of records" (i.e., registry information) is used or accessed ILLEGALLY "could result in criminal acts, substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained." (5 USC 552a(e)(10)). See MURDERS Archive -- MURDERS 2013 -- VIGILANTISM

See specific federal law and sections are below:

5 USC 552a:
(a) Definitions.— For purposes of this section—
(1) the term “agency” means agency as defined in section 552 (e) [1] of this title;

(2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence;

(3) the term “maintain” includes maintain, collect, use, or disseminate;

(4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph;

(5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; .....

(b) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be
(1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties;

(2) required under section 552 of this title (Not Applicable);

(3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section;

(5) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;

(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

(e) Agency Requirements.— Each agency that maintains a system of rec­ords shall—
(1) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President;

(2) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual’s rights, benefits, and privileges under Federal programs;

(3) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual
(A) the authority (whether granted by statute, or by executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary;

(B) the principal purpose or purposes for which the information is intended to be used;

(C) the routine uses which may be made of the information, as published pursuant to paragraph (4)(D) of this subsection; and

(D) the effects on him, if any, of not providing all or any part of the requested information;

(4) subject to the provisions of paragraph (11) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of rec­ords, which notice shall include—
(A) the name and location of the system;

(B) the categories of individuals on whom records are maintained in the system;

(C) the categories of records maintained in the system;

(D) each routine use of the records contained in the system, including the categories of users and the purpose of such use;

(G) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him;

(H) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content; and


(I) the categories of sources of records in the system;

(7) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity;

(8) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record;

(10) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained;

(11) at least 30 days prior to publication of information under paragraph (4)(D) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency; and..

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