Internet Privacy: Agencies' Efforts to Implement OMB's Privacy Policy
(Letter Report, 09/05/2000, GAO/GGD-00-191).

Pursuant to a congressional request, GAO provided information on whether
agencies were adhering to the Office of Management and Budget's (OMB)
memorandum requiring federal agencies to post privacy policies on their
Internet Websites, focusing on: (1) whether agencies have clearly
labelled and easily accessed privacy policies posted on their principal
Web sites; (2) whether agencies' privacy policies posted on their
principal Web sites inform visitors about what information an agency
collects, why the agency collects it, and how the agency will use the
information; (3) how selected agencies have interpreted the requirement
to post privacy policies at major entry points; and (4) whether selected
agencies have posted privacy policies on Web pages where the agency
collects substantial personal information or when applicable, notices
that refer to the Privacy Act of 1974.

GAO noted that: (1) of the 70 agencies' principal Web sites that GAO
reviewed on April 14, 2000, 69 had privacy policies posted on their
principal Web sites, and 1 did not; (2) in addition, of the 69 agency
Web sites, 2 had privacy policies that GAO determined were not clearly
labelled and easily accessed; (3) thus, 67 of the 70, agency principal
Web sites GAO reviewed had privacy policies that were clearly labelled
and easily accessed; (4) this appears to be considerable progress from a
1999 survey of selected federal home pages by a public interest group;
(5) of the 70 agencies' principal Web sites GAO reviewed, 63 had privacy
policies that addressed the automatic collection of information, and 46
of those agencies generally followed all 3 elements of the OMB
memorandum's requirement for the agencies to disclose in their privacy
policies what information they were automatically collecting, why they
were collecting it, and how they planned to use it; (6) although OMB
requires agencies to post privacy policies at major entry points to
their Web sites, the privacy policy guidance does not define major entry
point; (7) however, using a sample of six agencies that had a large
number of Web sites or frequent contact with the public, GAO found that
these agencies generally used similar criteria to determine the major
entry points to their Web sites; (8) the OMB memorandum requires
agencies to post privacy policies on pages where they collect
substantial personal information, but the guidance does not define
substantial personal information; (9) therefore, to assess OMB's
requirement, GAO developed its own criteria defining personal
information and reviewed the Web sites of 31 high-impact agencies for
Web pages that collected any personal information; (10) GAO defined
personal information to include an individual's name, e-mail address,
postal address, telephone number, Social Security number, or credit card
number; (11) most high-impact agencies did not post privacy policies on
all pages that GAO identified as collecting personal information; and
(12) in comparing the OMB memorandum and guidance to the Privacy Act and
fair information principles, the OMB memorandum is narrower in scope
than the Privacy Act and the fair information principles, and the act
and principles also differ in some respect.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  GGD-00-191
     TITLE:  Internet Privacy: Agencies' Efforts to Implement OMB's
	     Privacy Policy
      DATE:  09/05/2000
   SUBJECT:  Computer security
	     Information resources management
	     Confidential communication
	     Data collection
	     Privacy law
	     Computer networks
IDENTIFIER:  Internet

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GAO/GGD-00-191
INTERNET PRIVACY Agencies' Efforts to Implement OMB's Privacy Policy

United States General Accounting Office

GAO To the Honorable Joseph I. Lieberman Ranking Minority Member

Committee on Governmental Affairs U. S. Senate

September 2000 GAO/ GGD- 00- 191

United States General Accounting Office General Government Division
Washington, D. C. 20548

Page 1 GAO/ GGD- 00- 191 Internet Privacy

B- 284494 September 5, 2000 The Honorable Joseph I. Lieberman Ranking
Minority Member Committee on Governmental Affairs United States Senate

Dear Senator Lieberman: New information technologies offer many
possibilities for the government to improve the quality and efficiency of
its service to the American people. The Internet and Web sites are powerful
tools for conveying information on topics relating to federal activities,
objectives, policies, and programs. Web sites provide a simple and quick way
for accessing information about the government and what it is doing on the
people's behalf. However, the government cannot realize the full potential
of the Internet until people are confident that the government will protect
their privacy when they visit its Web sites. To ensure that individuals have
notice about how their personal information is handled when they visit
federal Web sites, in June 1999, the Office of Management and Budget (OMB)
issued a memorandum (M- 99- 18) requiring federal agencies to post privacy
policies on their Internet Web sites and provided guidance for doing so.

The OMB memorandum requires agencies to post privacy policies to their
department or agency principal Web sites and to any other known, major entry
points to their Web sites as well as any Web page where they collect
substantial personal information from the public. The memorandum also
requires agencies to post privacy policies that (1) clearly and concisely
inform visitors to the Web sites what information the agency collects about
individuals, why the agency collects it, and how the agency will use it; and
(2) are clearly labeled and easily accessed when someone visits a Web site.
Although the Privacy Act of 1974, 1 as amended, is the primary law
regulating the federal government's collection and maintenance of personal
information, the Privacy Act protects personal information maintained only
in an agency's system of records. 2

1 Public Law No. 93- 579, 5 U. S. C. sect. 552a. 2 The Privacy Act defines a
system of records as any group of records under the control of an 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- 284494 Page 2 GAO/ GGD- 00- 191 Internet Privacy

This report responds to your request for information on whether agencies
were adhering to the OMB guidance. Specifically, you asked us to:

1. determine if agencies have clearly labeled and easily accessed privacy
policies posted on their principal Web sites;

2. determine if agencies' privacy policies posted on their principal Web
sites inform visitors about what information an agency collects, why the
agency collects it, and how the agency will use the information;

3. determine how selected agencies have interpreted the requirement to post
privacy policies at major entry points; and

4. determine if selected agencies have posted privacy policies on Web pages
where the agency collects substantial personal information or, when
applicable, notices that refer to the Privacy Act of 1974.

In addition, as agreed, we compared OMB's memorandum and its related
guidance with selected statutory requirements that are generally applicable
to federal agencies and with fair information principles as recently
summarized by the Federal Trade Commission (FTC). 3 See appendix IV for
additional information on the Privacy Act and implementing guidance and
appendix V for more information on fair information principles.

To do our work for the first and second objectives, we reviewed the
principal Web sites of 70 federal executive agencies- 14 departments, 55
independent agencies, and the Executive Office of the President- on April
14, 2000, to determine if agencies had posted “clearly labeled and
easily accessed” privacy policies (see app. II for a list of the 70
agencies). To determine if agency privacy policies addressed what
information an agency Web site collects, why the agency collects it, and how
the agency will use it, we answered those questions for two information
practices addressed in OMB's guidance- information agencies collect and
store automatically and information agencies collect when visitors to agency
Web sites provide information voluntarily through e- mails and on- line
forms. We did not verify whether agencies accurately portrayed this
information or assess whether agencies complied with their posted policies.
To do our work for the third objective, we selected six agencies to

3 In its report to Congress, Privacy Online: Fair Information Practices in
the Electronic Marketplace, May 2000, FTC discussed fair information
practices that are widely accepted principles of privacy protection. FTC
summarized these practices into four principles: notice, choice, access, and
security. Scope and

Methodology

B- 284494 Page 3 GAO/ GGD- 00- 191 Internet Privacy

contact to discuss their interpretation of the requirement to post privacy
policies at major entry points. 4 To do our work for the fourth objective,
we reviewed the 31 high- impact agencies identified by the National
Partnership for Reinventing Government (NPR), hereafter referred to as high-
impact agencies, to determine if they had privacy policies posted on pages
where personal information was collected. 5 We also contacted officials of
nine high- impact agencies to discuss whether they should have posted
privacy policies and, when applicable, Privacy Act notices on Web pages that
we identified as collecting personal information. 6 In addition, we compared
the OMB memorandum with applicable laws and implementing guidance and with
the fair information principles as summarized by FTC in its May 2000 report.

We conducted our work from January through August 2000 in accordance with
generally accepted government auditing standards. See appendix I for a more
detailed discussion of our objectives, scope, and methodology. We requested
comments on a draft of this report from the Director of OMB and on excerpts
of a draft of this report from the six agencies where we performed
additional work. OMB's comments are addressed at the end of this letter and
reproduced in appendix VI. The six agencies also provided technical
comments, which we incorporated into the report where applicable.

Of the 70 agencies' principal Web sites that we reviewed on April 14, 2000,
69 had privacy policies posted on their principal Web sites, and 1 did not.
In addition, of the 69 agency Web sites, 2 had privacy policies that we
determined were not clearly labeled and easily accessed. Thus, 67 of the 70
agency principal Web sites we reviewed had privacy policies that were

4 We selected these agencies- Departments of Commerce, Defense, the
Interior, and Justice and the Small Business Administration (SBA) and Social
Security Administration (SSA)- because they had a large number of Web sites
or frequent contact with the public.

5 NPR identified 32 agencies as having high impact, that is- they have 90
percent of the federal government's contact with the public. The 32 high-
impact agencies consist of components of departments, independent agencies,
and 1 initiative- Acquisition Reform-- that cuts across all services. Two of
the high- impact agencies- the Veterans Health Administration and the
Veterans Benefits Administration- are under the Department of Veterans
Affairs. In doing our work, we did not distinguish between these agencies
when we searched for pages that collected personal information. We searched
the Department's Veterans Benefits and Services Web site (www. va. gov/ vbs/
index. htm) because both agencies linked to this site. Therefore, in this
report, we counted these agencies as 1, that is- the Department of Veterans
Affairs- and discuss only 31 high- impact agencies. (See app. III for a list
of the high- impact agencies).

6 We selected these nine high- impact agencies because they were the two
independent agencies from objective three- SBA and SSA- and components of
the four departments we selected for objective three that were identified as
high- impact agencies by NPR- Bureau of the Census, Patent and Trademark
Office, International Trade Administration, Acquisition Reform, Bureau of
Land Management, National Park Service, and the Immigration and
Naturalization Service. Results in Brief

B- 284494 Page 4 GAO/ GGD- 00- 191 Internet Privacy

clearly labeled and easily accessed. This appears to be considerable
progress from a 1999 survey of selected federal home pages by a public
interest group. 7

Of the 70 agencies' principal Web sites we reviewed, 63 had privacy policies
that addressed the automatic collection of information, and 46 of those
agencies generally followed all 3 elements of the OMB memorandum's
requirement for the agencies to disclose in their privacy policies what
information they were automatically collecting, why they were collecting it,
and how they planned to use it. Although the OMB guidance does not make
clear that agencies should address whether or not they are using security
and intrusion detection measures to collect information on visitors to their
Web sites, of the 70 agencies, about half addressed this issue in their
privacy policies. Of the 70 agencies, 67 had privacy policies that disclosed
whether or not they collected information that visitors voluntarily
provided, and 57 of these agencies explained how and why they would use that
information.

Although OMB requires agencies to post privacy policies at major entry
points to their Web sites, the privacy policy guidance does not define major
entry point. However, using a sample of six agencies that had a large number
of Web sites or frequent contact with the public- the Departments of
Commerce, Defense, the Interior, and Justice and SBA and SSA- we found that
these agencies generally used similar criteria to determine the major entry
points to their Web sites. Generally, the selected agencies designated the
home pages of their components as well as Web pages that receive a high
number of visits. Of the 6 selected agencies that identified nearly 2,700
Web pages as major entry points, we found only 9 Web pages that did not have
posted privacy policies.

The OMB memorandum requires agencies to post privacy policies on pages where
they collect “substantial” personal information, but the
guidance does not define substantial personal information. Therefore, to
assess OMB's requirement, we developed our own criteria defining personal
information and reviewed the Web sites of the 31 high- impact agencies for
Web pages that collected any personal information. We defined personal
information to include an individual's name, e- mail address, postal
address, telephone number, Social Security number, or

7 See Policy vs. Practice: A Progress Report on Federal Government Privacy
Notices on the World Wide Web, The Center for Democracy and Technology,
April 1999. The results of the survey indicated that just over one- third of
46 federal agencies had privacy policies linked from their home pages, 8
agencies had privacy policies that were not on their home pages, and 22
agencies did not have privacy policies.

B- 284494 Page 5 GAO/ GGD- 00- 191 Internet Privacy

credit card number. Most high- impact agencies did not post privacy policies
on all pages that we identified as collecting personal information. Of the
101 on- line forms that we identified as collecting personal information, 44
did not have privacy policies posted. Using a judgmentally selected sample
of the high- impact agencies, we asked officials of nine of the high- impact
agencies if privacy policies and Privacy Act notices should have been posted
to pages that we identified as collecting personal information. For eight
forms, officials from four of the high- impact agencies said that the forms
we identified should have had privacy policies posted. In addition,
officials of three high- impact agencies said that four forms should have
had Privacy Act notices posted. The officials generally said that it was an
oversight that the policies and notices had not been posted and that they
would take corrective action.

In comparing the OMB memorandum and guidance to the Privacy Act and fair
information principles, the OMB memorandum is narrower in scope than the
Privacy Act and the fair information principles, and the act and principles
also differ in some respect. According to OMB officials, the memorandum and
guidance primarily address the fair information principle of notice. The
Privacy Act, which applies to federal Web sites that maintain information in
a system of records that is retrieved by a personal identifier, addresses
the four fair information principles, although somewhat differently from how
FTC summarizes the principles. For instance, although the Privacy Act gives
individuals some choice about how their personal information is used by
federal agencies, it also contains exceptions that limit the choice that an
individual can exercise over agencies' use of personal information.

We are making recommendations to the Director of OMB, including that the
Director consider, in consultation with other parties, such as agencies and
the Chief Information Officers (CIO) Council, 8 how best to make certain
modifications to the OMB privacy policy that would better ensure that
individuals are provided clear and adequate notice about how their personal
information is treated when they visit federal Web sites. We also recommend
that the Director, working with others as appropriate, determine whether
current oversight strategies are adequate to ensure agencies' adherence to
Web site privacy policies and whether the policies will need further
revision as Web practices continue to evolve.

8 The CIO Council is the lead interagency forum for improving practices in
the design, modernization, use, sharing, and performance of federal agency
information resources. The CIO Council consists of CIOs and Deputy CIOs from
selected federal agencies and liaisons of other executive councils;
committees; and boards, including the Chair of the Information Technology
Resources Board.

B- 284494 Page 6 GAO/ GGD- 00- 191 Internet Privacy

Federal agencies are required by law to protect an individual's right to
privacy when they collect personal information. The Privacy Act of 1974, as
amended- which is the primary law regulating the federal government's
collection and maintenance of personal information- requires protection for
personal information maintained in a federal agency's system of records. 9
In addition, OMB Circular A- 130, Appendix I, provides guidance to agencies
for implementing the Privacy Act. 10 Other laws, such as the Freedom of
Information Act (FOIA), 11 the Computer Security Act, 12 and the Paperwork
Reduction Act of 1995, 13 support agency compliance with the Privacy Act.
Appendix IV provides more information on each of these laws.

According to the Paperwork Reduction Act, the Director of OMB is to provide
overall leadership and coordination of federal information resources
management within the executive branch. The Director is to issue policies,
procedures, and guidelines to assist agencies in achieving integrated,
effective, and efficient information resources management. In addition, OMB
is to review agencies' policies, practices, and programs pertaining to
security, protection, sharing, and disclosure of information in order to
ensure compliance, with respect to privacy and security, with the Privacy
Act, the Freedom of Information Act, the Computer Security Act, and related
statutes.

In addition to statutory protections to protect an individual's right to
privacy, a code of fair information practices exists. The fair information
principles were first outlined in July 1973 in a report by a Department of
Health, Education and Welfare advisory committee. 14 The report recommended
the enactment of legislation establishing a code of fair information
practices for all automated personal data systems and set out basic
principles to safeguard requirements for automated personal data systems.
This code predated the Privacy Act of 1974 by over a year and influenced the
enactment of the Privacy Act. Most recently, in May 2000, when it conducted
a survey of commercial Web sites, FTC summarized

9 See footnote 1. 10 See OMB Circular A- 130, Appendix I, Federal Agency
Responsibilities for Maintaining Records About Individuals. 11 Public Law
No. 89- 487, 5 U. S. C. sect. 552.

12 Public Law No. 100- 235; 2 U. S. C. sect. 271 note, 272, 278g- 3, 278g- 4,
278h; 40 U. S. C. sect. 1441. 13 Public Law No. 104- 13, 44 U. S. C. sect. 35001 et.
seq., as amended by the Clinger- Cohen Act of 1996. 14 See Records,
Computers, and the Rights of Citizens, report of the Advisory Committee on
Automated Personal Data Systems. Background

B- 284494 Page 7 GAO/ GGD- 00- 191 Internet Privacy

these practices into four core principles of privacy protection: notice,
choice, access, and security. Some private sector organizations also have
used these principles voluntarily as a means of protecting personal
information they have collected.

In August 1997, a survey of federal Web sites showed, among other results,
that only 11 of 31 federal agencies collecting personal information
indicated to users how that information would be used. 15 In April 1999,
another survey reported that just over one- third of 46 federal agencies had
privacy policies linked from their home pages, 8 agencies had privacy
policies that were not on their home pages, and 22 agencies did not have
privacy policies. 16

On June 2, 1999, OMB issued Memorandum M- 99- 18 directing executive
departments and agencies to post clear privacy policies on their Web sites.
17 OMB developed its memorandum and guidance with input from agencies and
the CIO Council. The OMB memorandum states that “federal agencies must
protect an individual's right to privacy when they collect personal
information, which is required by the Privacy Act and OMB Circular No. A-
130.” OMB's memorandum contains four requirements that agencies are to
follow concerning their on- line privacy policies. To follow the memorandum,
agencies must post

ï¿½ privacy policies to their department or agency principal Web site by
September 1, 1999;

ï¿½ privacy policies to any other known, major entry points to their Web sites
by December 1, 1999, as well as any Web page where they collect substantial
personal information from the public;

ï¿½ policies that clearly and concisely inform visitors to the Web sites what
information the agency collects about individuals, why the agency collects
it, and how the agency will use it; and

15 A Delicate Balance: The Privacy and Access Practices of Federal
Government World Wide Web Sites, OMB Watch, August 1997. 16 Policy vs.
Practice: A Progress Report on Federal Government Privacy Notices on the
World Wide Web, The Center for Democracy and Technology, April 1999. 17 A
Web site is a collection of files that covers a particular theme or subject
and is managed by a particular person or organization. These files are
called Web pages and are usually based on hypertext markup language (HTML)
that may contain such elements as text, graphics, online audio, or video. A
Web site can be entered from any number of Web pages or from a hyperlink. A
hyperlink is a predefined link from one location to another. The link can
jump within a particular location, to another location with the same
computer or network site, or even to a location at a completely different
physical site. Hyperlinks are commonly used on the Internet to provide
navigation, reference, and depth where published text cannot. A hyperlink
can be created from text, which typically appears as blue underlined text
within an HTML page, or from a graphic.

B- 284494 Page 8 GAO/ GGD- 00- 191 Internet Privacy

ï¿½ policies that are clearly labeled and easily accessed when someone visits
a Web site.

Attached to the memorandum is guidance that contains five sections on the
following situations: introductory language; information collected and
stored automatically; information collected from e- mails and Web forms;
security, intrusion, and detection language; and significant actions where
information enters a system of records. 18 Each section but the last
provides examples of model privacy language to assist agencies in drafting
their privacy policies.

On December 17, 1999, the President issued a memorandum to heads of
executive departments and agencies on the subject of electronic government.
That memorandum discusses that as public awareness and Internet usage
increase, the demand for on- line government interaction and simplified,
standardized ways to access government information and services becomes
increasingly important. That memorandum further recognizes that at the same
time, the public must have confidence that their on- line communications
with the government are secure and their privacy protected. That memorandum
directs agencies to make available on- line by December 2000 the forms
needed for the top 500 government services used by the public, and to make
transactions with the federal government available for on- line processing
of services by October 2003.

The overwhelming majority of federal Web sites we reviewed, that is 69 of
70, followed the OMB requirement to post privacy policies on their principal
Web sites. This appears to be considerable progress from a 1999 survey of
selected federal home pages that reported that just over onethird of 46
federal agencies had privacy policies linked from their home pages, 8
agencies had privacy policies that were not on their home pages, and 22
agencies did not have privacy policies. 19 Because the OMB memorandum did
not include a definition of “clearly labeled and easily
accessed,” we needed to assert criteria. We considered an agency's
privacy policy to be clearly labeled and easily accessed if the policy was
located on an agency's home page, or if the agency's home page had a
hypertext link to the policy that included the word “privacy.”
20 Two of the 69 agencies had

18 The OMB privacy policy guidance actually uses two headings to describe
situation 5- significant actions where information may be subject to the
Privacy Act and significant actions where information enters a system of
records.

19 See footnote 16. 20 We considered an agency's home page to be the top-
level page of the agency. For example, for the Department of Commerce, the
agency home page is www. doc. gov, and from this page visitors can access
all other pages of the agency's Web site. Most Agencies Have

Privacy Policies Posted on Their Principal Web Sites

B- 284494 Page 9 GAO/ GGD- 00- 191 Internet Privacy

privacy policies that did not meet our criteria for being clearly labeled
and easily accessed. Specifically, one agency had its privacy policy located
under a link “Web Site Policies and Notices,” and one agency had
its privacy policy under “Help/ Site Info.” Figure 1 shows the
number and percentage of agencies we reviewed that had posted privacy
policies on their principal Web sites on April 14, 2000.

Source: GAO analysis.

To determine if agencies followed the requirement of OMB's memorandum to
inform visitors to their Web sites about what information agencies collect,
why they collect it, and how they will use it, we reviewed whether agencies
addressed in their policies that they were (1) collecting information
automatically and (2) collecting information that visitors provide
voluntarily using e- mail and on- line forms. 21 Of the 70 agencies we
reviewed, 63 had privacy policies explaining that they automatically
collected information when individuals visited their Web sites 22 , and 67
had privacy policies that explained that they collected information that
visitors voluntarily provide through e- mail or on- line forms.

21 Although OMB's guidance includes a section on security, intrusion, and
detection language, we included our work on that information practice in our
discussion of automatically collected information.

22 The 63 agencies explained that they collected information automatically
through the use of logs.

Figure 1: Number and Percentage of Agencies That Had Privacy Policies Posted
on Their Principal Web Sites on April 14, 2000

Most Agencies Informed Visitors About Information Collection Practices

B- 284494 Page 10 GAO/ GGD- 00- 191 Internet Privacy

OMB's guidance recognizes that in the course of operating Web sites,
agencies may collect certain information automatically when individuals
visit agency Web sites and that this information does not typically identify
a visitor personally. In addition, the OMB guidance recognizes that agencies
also may collect information automatically by using “cookies.”
23 The guidance provides examples of types of automatically collected
information, such as the date or time that a visitor accesses the site, the
Internet address of the link through which a visitor accesses the site, the
addresses of the Web pages visited, and the type of browser a visitor uses
to access the site. Figure 2 shows the types of automatically collected
information and the number and percentage of agencies that explained in
their privacy policies that they collected this information.

Note: Of the 70 agencies we reviewed, 63 explained that they collected
information automatically through the use of logs. Figure 2 shows in
parentheses the number of agencies that collected each type of information.

23 A cookie is a file that is placed on a Web user's hard drive by a Web
site. The cookie can monitor the user's access of the site, usually without
the user's knowledge. Many Agency Privacy

Policies Addressed Information Collected Automatically

Figure 2: Types of Automatically Collected Information Addressed in 63
Agency Privacy Policies

B- 284494 Page 11 GAO/ GGD- 00- 191 Internet Privacy

Source: GAO analysis.

Of the 63 agency privacy policies that explained that they collected
information automatically from visitors to their Web sites, 46 followed all
3 of the elements that were contained in the OMB memorandum, that is- what
information they collect, why they collect it, and how it will be used.
According to an OMB official, OMB recognizes that often the why and how are
difficult to distinguish. In doing our work, sometimes we also encountered
difficulty in distinguishing between the why and the how. However, in most
cases, our assessment was that agencies that addressed the why also
addressed the how. Table 1 shows the number of agencies that addressed what,
why, and how and the number that addressed all three.

OMB requirement Agencies that

addressed automatic collection of information (n= 63)

What information is collected 56 Why the information is collected 54 How the
information will be used 52 All three- what, why, and how 46

Source: GAO analysis of agency privacy policies posted on Web sites on April
14, 2000.

In addition although not required by the OMB memorandum or the attached
guidance, we noted that 11 agencies' privacy policies specifically addressed
the issue of how long they would maintain automatically collected
information or that they would destroy such information. For example, the
Small Business Administration's posted privacy policy stated that the agency
regularly destroys automatically collected information in accordance with
guidance set forth by the National Archives and Records Administration.

OMB's June 1999 guidance is not clear on whether agencies should disclose
whether or not they use cookies to collect information. The section of the
guidance on information that is collected and stored automatically begins
with this sentence: “In the course of operating a Web site, certain
information may be collected automatically in logs or by cookies.”
However, the section then notes that agencies may have the technical ability
to collect information and later take additional steps to identify people,
such as looking up Internet addresses linked to specific individuals. The
paragraph closes by stating that agencies' “policies should

Table 1: Number of Agencies That Followed OMB's Requirements to Disclose
What, Why, and How for Automatically Collected Information

Some Agencies Disclosed the Use of Cookies in Their Privacy Policies

B- 284494 Page 12 GAO/ GGD- 00- 191 Internet Privacy

make clear” whether or not they are collecting this type of
information and whether they “will take further steps to collect more
information.” If the reference to “this information”
covers the use of logs and cookies and not just additional steps, such as
looking up Internet addresses linked to individuals, then to follow the 1999
memorandum and guidance, agencies should be stating whether or not they use
automatically collected information, including logs and cookies, in the
privacy policies they post on their principal Web sites and major entry
points.

On June 22, 2000, however, OMB issued a memorandum that limits the use of
cookies and clarifies that if agencies use cookies they are to disclose the
use. The June 2000 memorandum directs federal agencies and contractors not
to use cookies on their Web sites, unless they provide “clear and
conspicuous notice” and meet the following conditions: (1) a
compelling need to gather the data on the site, (2) appropriate and publicly
disclosed privacy safeguards for handling of information derived from
cookies, and (3) personal approval of the agency head.

Of the privacy policies that we reviewed on April 14, 2000, 11 stated that
the agencies used cookies, and 17 policies stated that the agencies did not
use cookies to collect information. Thus, of the 70 agencies, 28 addressed
whether or not they used cookies. Of the 11 agencies that disclosed that
they used cookies, 8 addressed all 3 elements of the OMB memorandum. Table 2
shows the number of agency privacy policies that addressed the use of
cookies to automatically collect information and the number of agencies that
addressed the OMB requirement to address what, why, and how.

OMB requirement to disclose Agencies that said

they used cookies (n= 11)

What information is collected 8 Why the information is collected 11 How the
information will be used 10 Addressed all three- what, why and how 8

Source: GAO analysis of agency privacy policies posted on Web sites on April
14, 2000.

Although the OMB guidance is not clear that agencies' posted privacy
policies should address whether or not they use security and intrusion
detection measures to collect information on visitors to their Web sites, 36
of the 70 agencies, or about half, addressed this issue. The guidance
recognizes that agencies may collect information to detect potentially

Table 2: Number of Agencies That Followed OMB Requirements to Address What,
Why, and How for Cookies

Some Agencies Disclosed Whether or Not They Used Security and Intrusion
Detection Measures to Collect Information

B- 284494 Page 13 GAO/ GGD- 00- 191 Internet Privacy

harmful intrusions to their Web sites and to take action once an intrusion
is detected. The guidance states that in the event of authorized law
enforcement investigations, and according to any required legal process,
information from Internet Protocol (IP) logs and other sources may be used
to help identify an individual. 24 However, the guidance does not explicitly
state that agencies must identify in their privacy policies whether or not
they use security and intrusion detection measures to collect information
from visitors to their Web sites. In addition, although most of the
discussion of model language in this section of the guidance concerns
agencies' on- line management of security threats, the last sentence of the
guidance states: “In the event of authorized law enforcement
investigations, and pursuant to any required legal process, information from
those logs and other sources may be used to help identify an
individual.” It is unclear whether this sentence refers specifically
to law enforcement investigations stemming from an agency's detection of
intrusion to the security of its Web site or whether the sentence refers to
potential uses of personal information for law enforcement or any other
legal process purposes that are not related to the intrusion of an agency's
Web site.

OMB's guidance also recognizes another information practice that agencies
use- the collection of information voluntarily provided by individuals
through e- mails and on- line forms when they visit an agency's Web site.
According to the OMB guidance, many Web sites receive personal, identifiable
information voluntarily from individuals via e- mails or on- line forms, and
some statement is appropriate about how agencies treat identifiable
information when an individual provides it.

Of the 67 agencies whose privacy policies on their principal Web sites
explained that they collected personal information voluntarily submitted by
visitors to their Web sites, 57 disclosed how and why such information would
be used. 25 In determining whether the agencies' policies adhered to OMB's
guidance, we were often unable to make a clear distinction between why and
how. For example, a typical explanation that we judged to address both how
and why information would be used was: “we may use this information to
respond to your request.” The privacy policies of 46 of the 67
agencies specifically explained that this information could be

24 An IP is a set of procedures in telecommunications connections that the
terminals or nodes use to send signals back and forth and that track the
address of nodes, route outgoing messages, and recognize incoming messages.
An IP log collects and stores incoming messages.

25 We did not analyze whether an agency Web site explained what information
it collected because we assumed that visitors would know what information
they were providing to an agency. Many Agency Privacy

Policies Addressed Information Provided by Visitors

B- 284494 Page 14 GAO/ GGD- 00- 191 Internet Privacy

collected through e- mail, and 18 of the 67 agencies explained that this
information could be collected through on- line forms.

Although not specifically required, OMB's sample language suggests that
agencies include statements on the length of time they maintain information
collected and whether they share information with third parties. OMB
suggests, when applicable, that a general and helpful comment would be:
“we only use information included in an e- mail for the purpose
provided and that the information will be destroyed after this purpose has
been fulfilled.”

OMB also provides sample language from FTC's privacy policy, which includes:

“The material you submit may be seen by various people. We may enter
the information you send into our electronic database, to share with our
attorneys and investigators involved in law enforcement or public policy
development. We may also share it with a wide variety of other government
agencies enforcing consumer protection, competition, and other laws. You may
be contacted by the FTC or any of those agencies. In other limited
circumstances, including requests from Congress or private individuals, we
may be required by law to disclose information you submit.”

Of the 70 agencies, only 5 addressed how long they would maintain
information collected, and 49 explained whether or not they would share the
information with others. Of the 49 agencies, 26 stated they would not share
information with third parties, and 23 stated they would. Of the 23 agencies
that disclosed they would share information with third parties, in most
instances, the third parties were other federal agencies. 26

The OMB guidance requires agencies to post privacy policies at major entry
points to their Web sites. The guidance, however, does not define a major
entry point. Nevertheless, we found that the six selected agencies we
reviewed used similar criteria in designating a Web page as a major entry
point. In reviewing the major entry points that agencies identified, we
found very few instances in which agencies had not posted privacy

26 All but four agencies stated that they share the information only with
other federal agencies. The instances the four agencies described in their
privacy policies were as follows: one agency stated that it shares
information with “trade associations, bilateral development banks, or
any agency that shares [its] mission”; another agency stated that it
may share information with “product manufacturers, distributors, or
retailers, but no names or other personal information will be disclosed
without explicit permission”; a third agency stated that personally
identifiable information “is used generally to respond to your request
but may have other uses which are identified on each form”; finally,
an agency stated that at the point of collection, it will inform the visitor
“how information that personally identifies [the visitor] will be
used, including whether such information may be transmitted to third
parties.” Selected Agencies

Generally Used Similar Criteria to Define Major Entry Point

B- 284494 Page 15 GAO/ GGD- 00- 191 Internet Privacy

policies on those Web pages or posted policies that were not clearly labeled
and easily accessed.

OMB's guidance states that federal agency Web sites are highly diverse and
have many different purposes. An OMB official said that in most cases, major
entry points might be the home pages of the major components of an agency.
For example, the official said that the home page for the Department of
Justice's Federal Bureau of Investigation could most likely be considered a
major entry point for the Department.

We reviewed the Web sites of 6 of the 70 agencies because they had large
numbers of Web sites or had frequent contact with the public. The four
departments- Commerce, Defense, Interior, and Justice- generally defined
their criteria, or part of their criteria for a major entry point, as being
the home pages of their major components, bureaus, or operating units. In
addition, three of the four departments and two independent agencies- SBA
and SSA- used the number of visits to their Web pages as a basis for
determining which pages should be designated as major entry points. For
example, the Department of Justice had three criteria for defining a major
entry point: (1) the home page of one of its components, (2) a Web page that
routinely receives a higher number of visits than a component's home page,
or (3) a Web page that receives more than 2,000 visits per week. The
Department of Justice was the only agency that defined a specific number of
visits as being a criterion for determining a major entry point. Table 3
shows the number of Web pages that the agencies identified as major entry
points as of May 1, 2000, and the criteria that they used to define a major
entry point.

Criteria agency identified as using to determine its major entry points

Agency Number of

major entry points identified

Home pages of major components Most visited

Web pages Other

Commerce a 17 x x Defense 2,401 x Interior 11 x x Justice 112 x x x b Small
Business Administration 7 x x x c Social Security Administration 143 x x d

Total 2,691

Note: Because the Department of Defense reported a large number of major
entry points, we reviewed a random sample of 59 of the Department-
identified 2, 401 major entry points and found that none were missing
privacy policies. On the basis of our analysis of these results, we estimate
that if there are any major entry points at the Department of Defense
without posted privacy policies, the number does not exceed 5 percent of all
the Department's major entry points.

Table 3: Criteria Selected Agencies Identified as Using to Determine Major
Entry Points

B- 284494 Page 16 GAO/ GGD- 00- 191 Internet Privacy

a According to a Department of Commerce official, the Department left the
identification of Web pages most frequently visited to its operating units.
The official said that the Department did not have major entry point
information for its operating units readily available. The 17 Web sites the
Department identified were for its major components and for a few Web sites
that Department officials knew received a high number of visits. b According
to a Department of Justice official, the agency also designates Web pages
that receive

more than 2, 000 visits per week as major entry points. c According to an
SBA official, the agency defines a major entry point as a Web page that
receives a

high number of visits and collects personal information from visitors. d
According to an SSA official, the agency uses a combination of Web page
visits and customer

feedback to determine major entry points. Source: Agency- reported
information in response to our request for information.

Most of the Web pages that the six agencies identified as major entry points
had privacy policies posted. 27 Two agencies- the Department of Commerce and
the Department of Justice-- had only nine pages identified as major entry
points that either did not have privacy policies posted or, using the
criteria previously asserted, did not have clearly labeled and easily
accessed policies posted. A Department of Justice official said that the
agency is considering changing its criteria for designating a Web page as a
major entry point. The official said that due to the high number of visits
to the agency's Web pages, the 2,000 visits per week criterion is too low.
The official said that under revised criteria, the pages that we found that
lacked privacy policies would no longer be considered major entry points and
would not need to have privacy policies posted.

The OMB memorandum requires agencies to post privacy policies on pages where
they collect “substantial” personal information from visitors to
their Web sites. However, neither the memorandum nor the attached guidance
provides a definition of substantial personal information. OMB officials
said that they left the interpretation of this requirement to each agency's
discretion. Without a definition, however, it is difficult to assess whether
agencies followed this OMB requirement. Therefore, we developed our own
criteria for personal information. We defined personal information to
include an individual's name, e- mail address, postal address, telephone
number, Social Security number, or credit card number. 28

27 We reviewed all the Web pages that five of the six agencies identified as
being major entry points. Because the Department of Defense reported a large
number of major entry points, we reviewed a random sample of 59 major entry
points and found that none were missing privacy policies. On the basis of
our analysis of these results, we estimate that if there are any major entry
points at the Department of Defense without posted privacy policies, the
number does not exceed 5 percent of all the Department's major entry points.
Appendix I provides more details on our methodology.

28 FTC defined personal identifying information to include these same
elements in its report to Congress, Privacy Online: Fair Information
Practices in the Electronic Marketplace, May 2000. Substantial Personal

Information Not Defined, so It Is Difficult to Determine if Agencies
Followed OMB's Memorandum

B- 284494 Page 17 GAO/ GGD- 00- 191 Internet Privacy

To do this portion of our work on the memorandum's requirement for agencies
to post privacy policies on Web pages where they collected substantial
personal information, we selected the 31 high- impact agencies, which
comprise 1 department, 21 components of departments, 8 independent agencies,
and a crosscutting initiative- acquisition reform. For those agencies, we
searched the Web sites for up to five pages that collected any personal
information. Of the 31 high- impact agencies we reviewed, most did not have
privacy policies posted on Web pages that we identified as collecting
personal information. During our review of nine selected high- impact
agencies, officials from those agencies said that some of the on- line forms
should have had privacy policies. 29 In addition, they said that a few of
the on- line forms should have had Privacy Act notices because the
information collected was being maintained in systems of records.

We recognized that the OMB memorandum did not require agencies to post
privacy policies on all Web pages that collect any personal information but
rather on pages collecting substantial personal information. However,
lacking a basis for judging what would constitute substantial personal
information, we used personal information as defined above as our asserted
criteria. On this basis, we found that nearly half of the Web pages that we
identified as collecting personal information did not have privacy policies
posted. In addition, privacy policies were not consistently posted on Web
pages that collected personal information for similar purposes or on pages
that collected similar types of personal information. Of the 31 high- impact
agencies we reviewed, 28 had Web pages that allowed visitors to voluntarily
provide personal information through an on- line form. For this purpose, we
considered any Web page that requested a visitor to enter information onto
the Web page to be an on- line form. This is distinguished from the visitor
using an e- mail link to provide information. 30 Of these 28 high- impact
agencies, 10 had privacy policies on all the on- line forms that we
identified. 31 The remaining 18 high

29 We selected these nine high- impact agencies because they were either the
same as agencies we selected for reviewing major entry points or were
components of the departments we included in reviewing major entry points.

30 Although the report discusses personal information that visitors
voluntarily submit through on- line forms, we also reviewed how many high-
impact agencies collected personal information, specifically a visitor's e-
mail address, when he or she sent an e- mail to the agency. Of the 31 high-
impact agencies, 30 had at least 1 page on which visitors could send e-
mail. Of these pages, seven had the agencies' privacy policies posted on
that page. Although most high- impact agencies did not have privacy policies
posted on these pages, we also noted that 26 of the 30 agencies explained
how they handled e- mail in the privacy policies posted on their agencies'
home pages.

31 If an on- line form did not have a privacy policy posted on that page but
did have one on an intermediary page that an individual would likely view
before arriving at the form, we considered this Nearly Half of the Web

Pages That We Identified as Collecting Personal Information Did Not Have
Privacy Policies Posted

B- 284494 Page 18 GAO/ GGD- 00- 191 Internet Privacy

impact agencies did not have privacy policies posted on at least 1 page that
visitors could use to provide personal information. 32 For the 28 high-
impact agencies, we identified 101 on- line forms that visitors could use to
submit personal information. 33 Of these forms, 57 had privacy policies
posted, and 44 did not. 34

On- line forms that the high- impact agencies used to collect information
for similar purposes did not consistently have privacy policies posted. The
high- impact agencies collected personal information through the on- line
forms that we identified for various purposes, including allowing visitors
to order publications; apply for permits, benefits, or jobs; and subscribe
to electronic mailing lists. All the on- line forms that visitors could use
to apply for jobs and benefits had privacy policies posted. However, not all
forms that visitors could use to place an order contained privacy policies.
For example, we identified 14 forms that collected personal information for
the purpose of placing an order. Of these, two had privacy policies posted
on the page, and two had privacy policies posted on an intermediary page
that an individual would likely view before arriving at the form. However,
10 forms did not have privacy policies posted. Nine agencies had not posted
privacy policies on pages that collected personal information that was used
to place an order. Table 4 illustrates the purposes for which the high-
impact agencies collected information and whether or not privacy policies
were posted.

as having a privacy policy posted. Of the 10 high- impact agencies with
privacy policies posted on all the on- line forms we identified, 6 had the
policies located on an intermediary page that an individual would likely
view before arriving at the form.

32 For purposes of this analysis, if a high- impact agency posted a Privacy
Act notice, we counted this as the agency having a privacy policy posted. 33
For each high- impact agency we reviewed, we identified up to five Web pages
that could collect personal information from visitors using on- line forms.
34 Of the 57 on- line forms, 21 had privacy policies located on an
intermediary page that an individual would likely view before arriving at
the form.

B- 284494 Page 19 GAO/ GGD- 00- 191 Internet Privacy

Number of on- line forms With privacy policies posted a Purpose of
collection of personal information Total

On the Web page

On a prior Web page b

Without privacy policies

posted

Provide feedback, comments, guestbook 16 9 1 6 c Place an order 14 2 2 10 c
Request services 13 3 4 6 Apply for permit or patent 11 3 5 3 Apply for
benefits 10 6 4 0 Subscribe to mailing list 7 4 1 2 Ask a question about
agency program 7 5 1 1 Apply for a job 4 3 1 0 Register for meetings or
training

4 0 0 4 Report adverse event or formal complaint

3 1 0 2 c Make a FOIA request 2 0 0 2 Other 10 0 2 8

Total 101 36 21 44

a For purposes of this analysis, if a high- impact agency posted a Privacy
Act notice, we counted this as the agency having posted a privacy policy. Of
the 101 on- line forms, we identified 19 on- line forms that had Privacy Act
notices posted. b ”On a prior Web page” refers to on- line forms
that had privacy policies posted on an intermediary

page that an individual would likely view before arriving at the form. c One
of the on- line forms had a privacy policy posted, but it was not clearly
labeled. We counted this

as the form not having a privacy policy posted. Source: GAO analysis of data
from Web sites of the high- impact agencies.

Furthermore, on- line forms with information being collected for similar
purposes did not consistently have privacy policies posted even within a
single high- impact agency. For example, two offices within the same
highimpact agency had on- line forms that visitors could use to submit
feedback on the Web site. One of the forms had a privacy policy posted, and
the other did not.

By far, the largest number of forms that we identified collected contact
information. We defined contact information to include at least two of the
following: an individual's name, e- mail address, postal address, or
telephone number. For the 31 high- impact agencies, 70 of the 101 on- line
forms we identified collected contact information. Of these 70 forms, 38 did
not have privacy policies posted. Other forms collected information, such as
a Social Security or credit card number. Of the 101 on- line forms

Table 4: Number of High- Impact Agencies' On- Line Forms With Posted Privacy
Policies by Purpose of Collection

B- 284494 Page 20 GAO/ GGD- 00- 191 Internet Privacy

we reviewed, 17 asked visitors to provide a Social Security number, among
other information. 35 All but one of these forms had privacy policies
posted. Of the 101 on- line forms we reviewed, 8 collected credit card
numbers; 5 of the 8 forms did not have privacy policies posted. Table 5
describes the number of forms with posted privacy policies by the type of
personal information collected.

Number of on- line forms With privacy policies posted a Type of personal
information collected on on- line form

Total number of on- line

forms On the Web

page On a prior Web page b

Without privacy policies

posted c

Social Security number 17 9 7 1 Credit card number 8 0 3 5 Contact
information only d 70 22 10 38 E- mail address only 6 5 1 0

Total 101 36 21 44

a For purposes of this analysis, if a high- impact agency posted a Privacy
Act notice, we counted this as the having a privacy policy posted. Of the
101 on- line forms, we identified 19 on- line forms that had Privacy Act
notices posted. b ”On a prior Web page“ refers to on- line forms
that had privacy policies posted on an intermediary

page that an individual would likely view before arriving at the form. c
Three of the on- line forms had privacy policies posted that were not
clearly labeled. We counted

these as not having privacy policies posted. d We defined contact
information to include at least two of the following items: an individual's
name, email

address, postal address, or telephone number but not credit card or Social
Security numbers. Source: GAO analysis of data from Web sites of high-
impact agencies.

If an agency plans to maintain personal information in a system of records,
under the Privacy Act, it is required to include a notice on the form it
uses to collect personal information or on a separate form that can be
retained by the individual. The Privacy Act states that the notice should
include the following items: (1) the authority that allows the request of
the information and a statement on whether providing the information is
mandatory or voluntary; (2) the principal purpose or purposes for which the
information is to be used; (3) the routine uses that may be made of the
information; and (4) the effects on the individual, if any, of not providing
all or any part of the requested information. The OMB privacy policy
guidance, in a section relating to “significant actions where
information enters a system of records,” states that if a Privacy Act
notice would be required in the paperbased world, agencies should post a
Privacy Act notice on the Web page or

35 Of the 17 on- line forms, 7 had privacy policies located on an
intermediary page that an individual would likely view before arriving at
the form.

Table 5: Number of High- Impact Agencies' On- line Forms With Posted Privacy
Policies by Type of Personal Information Collected

Some Web Pages Lacked Privacy Policies, and Others Lacked Required Privacy
Act Notices

B- 284494 Page 21 GAO/ GGD- 00- 191 Internet Privacy

through a clearly labeled hyperlink. 36 The guidance also states that to
date, agencies have not collected a large amount of personal information on
the Internet that agencies are maintaining as systems of records.

To determine if pages that we identified needed either the OMB required
privacy policies or Privacy Act notices posted, we contacted officials at
nine judgmentally selected high- impact agencies. 37 The 9 high- impact
agencies had 30 on- line forms that we identified that visitors could use to
provide personal information. Of these forms, 12 had privacy policies, 8 had
Privacy Act notices, and 10 had neither privacy policies nor Privacy Act
notices posted. We discussed the forms that did not have privacy policies
posted with officials of those high- impact agencies. For eight forms,
officials from four of the high- impact agencies said that the forms we
identified should have had privacy policies posted. The officials generally
said that it was an oversight that the policies had not been posted and that
they would take corrective action. In addition, officials of three high-
impact agencies said that four forms, two of which had privacy policies
posted, should have had Privacy Act notices posted because, according to
agency officials, these forms collected information that the agencies were
maintaining in systems of records. The forms collected personal information
for the purposes of making park reservations, participating in a wild horse
and burro adoption program, ordering publications, and obtaining a log- in
name and password for submitting an on- line resume. Officials for these
agencies said that it was an oversight that these forms did not have Privacy
Act notices posted and that the agencies were in the process of taking
corrective action.

For the nine high- impact agencies, table 6 shows the number of forms that
did not have either privacy policies or Privacy Act notices posted and the
number of those forms that agencies identified as needing privacy policies
or Privacy Act notices.

36 As discussed in appendix IV, because the intended meaning of the phrase
“significant actions” is not defined in the memorandum and is
thus unclear, an agency could interpret this as distinguishing between
significant and nonsignificant actions. Under the Privacy Act, however,
personally identifiable information is covered by the act if it is in a
system of records; the act does not distinguish between significant and
nonsignificant information.

37 The selected high- impact agencies included the Bureau of the Census,
Patent and Trademark Office, and International Trade Administration within
the Department of Commerce; the Acquisition Reform initiative within the
Department of Defense; Bureau of Land Management and National Park Service
within the Department of the Interior; Immigration and Naturalization
Service within the Department of Justice; SBA and SSA.

B- 284494 Page 22 GAO/ GGD- 00- 191 Internet Privacy

Number of on- line forms Number of on- line forms

without privacy policies or Privacy Act notices that

agencies identified as needing them

High- impact agency Total With privacy policies posted a

With Privacy Act notices posted

Without privacy policies

or Privacy Act notices Privacy

policies Privacy Act

notices

Department of Commerce Bureau of the Census 4 3 b 1 c 0 0 1 b Patent and
Trademark Office 5 0 1 c 4 4 d 0 International Trade Administration 4 3 0 1
1 d 0 Department of Defense Acquisition Reform initiative 1 0 1 0 0 0
Department of the Interior Bureau of Land Management 3 0 1 c 2 0 2 National
Park Service 3 1 e 1 c 1 1 d 1 e Department of Justice Immigration and
Naturalization Service 1 1 0 0 0 0 Small Business Administration 5 3 0 2 2 f
0 Social Security Administration 4 1 3 g 0 0 0

Total 30 12 8 10 8 4

a Seven of the on- line forms in this column had privacy policies posted on
an intermediary page that an individual would likely view before arriving at
the form. b One of these forms had a privacy policy posted, but agency
officials agreed that the form should

have had a Privacy Act notice posted on the page. Officials said that there
was a Privacy Act notice but that it was not posted directly on the page
that collected personal information for log- in purposes, however, it was
located on a subsequent page. c The Privacy Act notice did not include
language that addressed all of the elements required by the

Privacy Act. d The agency has subsequently posted privacy policies on these
on- line forms.

e This form had a privacy policy posted and agency officials agreed that the
form should have had a Privacy Act notice posted. f An SBA official stated
that subsequent to our audit work, the agency has revised its posted privacy

policy to incorporate references to the Privacy Act and the Code of Federal
Regulation's Part 102 (Record Disclosure and Privacy) into its posted
privacy policy. In addition, the official stated that the agency's major
home pages now include a “privacy” button that links visitors to
the agency's revised privacy policy and that SBA plans to install a privacy
link on all SBA Web pages. g These three forms also had privacy policies,
but because they also had Privacy Act notices, we

included them in this column. Source: GAO analysis of data obtained from Web
sites and officials of high- impact agencies.

Table 6: Number of On- line Forms Reviewed That Collect Personal Information
That Selected High- Impact Agencies Identified as Needing Privacy Policies
or Privacy Act Notices

B- 284494 Page 23 GAO/ GGD- 00- 191 Internet Privacy

We also noted that four of the eight Privacy Act notices that we found on
pages that collected personal information did not include language that
addressed all of the elements required by the Privacy Act.

Under the Paperwork Reduction Act, OMB has responsibility to oversee
agencies' adherence to the Privacy Act. For OMB's memorandum and guidance,
which extends privacy policies to on- line information collections that are
not covered by the Privacy Act, OMB officials said that they spotcheck
whether agencies post privacy policies.

Agency officials said they did not need to post Privacy Act notices on all
their forms that collected personal information because they were not
maintaining the information in systems of records that they were retrieving
by personal identifier. Officials said that the forms we identified for the
Small Business Administration, Patent and Trademark Office, and the
International Trade Administration were primarily for collecting information
on businesses. The personal information collected was primarily for contact
purposes. In addition, they said that the information is not retrieved from
their databases by personal information but by company name or patent
number. Three agencies- the Bureau of the Census, the Immigration and
Naturalization Service, and the National Park Service- had forms that
requested name and contact information for ordering publications. Again,
agency officials told us that Privacy Act notices were not required. For
example, the Privacy Act Officer for the Department of the Interior said
that the National Park Service on- line order form does not require a
Privacy Act notice because the personal information is used only to address
an envelope to mail publications, after which the information is immediately
destroyed.

In addition, during our review, we observed that a few hyperlinks on some of
the Web sites of the high- impact agencies took us to on- line forms of
other nonfederal Web sites. Neither the OMB memorandum nor the attached
guidance addresses this situation. The Web sites of some highimpact agencies
alerted us when we were exiting the site. For example, the Immigration and
Naturalization Service had a message that informed visitors that they were
leaving the agency's site. Also, the posted privacy policy of the National
Park Service explained that when visitors linked to another Web site, they
would no longer be subject to the agency's privacy policy and that they
would be subject to the privacy policy of a different site. Officials Cited
Reasons for Not

Posting Privacy Act Notices

B- 284494 Page 24 GAO/ GGD- 00- 191 Internet Privacy

As we mentioned earlier, in addition to the statutory requirements that
protect an individual's right to privacy, fair information practices exist.
Most recently, in its May 2000 report to Congress, 38 FTC summarized these
practices into four core principles of privacy protection: notice, choice,
access, and security. According to FTC, under notice, data collectors must
disclose their information practices before collecting personal information
from individuals. Under choice, individuals must be given options concerning
whether and how personal information collected from them may be used for
purposes beyond those for which the information was provided. Under access,
individuals should be able to view and contest the accuracy and completeness
of data collected about them. And under security, data collectors must take
reasonable steps to ensure that information collected from individuals is
accurate and secure from unauthorized use. According to OMB officials, the
privacy policy guidance was primarily intended to address the first of the
four principles- notice. For personal information subject to the Privacy
Act, an individual is provided choice as to whether there will be a
subsequent disclosure of his or her personally identifiable information that
is contained in an agency's system of records, unless the disclosure is
authorized by law. Under the Privacy Act, an agency is authorized to share
information contained in its system of records with other parties, such as
law enforcement agencies and Congress. Thus, individuals cannot have
complete choice over the disclosure of their personal information. The
remaining two principles- access and security- are generally covered by the
Privacy Act. See appendix IV for additional information on the Privacy Act
and implementing guidance and appendix V for more information on fair
information principles.

Table 7 compares various information practices covered by OMB's Memorandum
M- 99- 18 and its attached guidance, the Privacy Act, and the fair
information principles as summarized by FTC in May 2000.

38 See footnote 3. Comparison of OMB

Guidance to the Privacy Act and Fair Information Principles

B- 284494 Page 25 GAO/ GGD- 00- 191 Internet Privacy

Covered under Practice

OMB M- 99- 18 and

guidance Privacy

Act a Fair

information principles

Posting of privacy policy X X Clear notice of information practices X X X
Use of information collected

What X X b X Why X X b How X X b X How collected X X Agency to disclose

Choice to individuals X c X Access to individuals X X Security to
individuals X X Notification of whether information is shared with other
entities

X X Notification of whether information is maintained in a system of records
X X a If an agency is maintaining personally identifiable information about
an individual in a system of

records, the information is subject to the Privacy Act; thus, the agency is
to inform the individual supplying the information of (1) the authority that
authorizes the collection of information and whether disclosure is mandatory
or voluntary; (2) the principal purpose for which the information is
intended to be used; (3) the routine uses that may be made of the
information; and (4) the effects on the individual, if any, of not providing
all or any part of the requested information. This information is to be
provided on the form that is used to collect the information or a separate
form that can be retained by the individual. Further, the agency must
publish a notice of the existence of a system of records in the Federal
Register. b Although the disclosure of what information an agency collects,
why it collects the information, and

how it uses the information is not specifically required by the Privacy Act
in these terms, on the basis of our assessment of the information required
by the Privacy Act, it covers such disclosure. c Under the Privacy Act, no
agency can disclose any record that is contained in a system of records to

any person or another agency without the consent of the individual to whom
the record pertains, unless the disclosure is authorized by law.

Source: GAO analysis of OMB memorandum and its related guidance, the Privacy
Act, and fair information principles as recently summarized by FTC.

Protecting an individual's right to privacy has been a long- standing
concern of the federal government, as evidenced by the Privacy Act of 1974
and other laws and implementing guidance. However, the Privacy Act was
passed long before the development of the current advances in information
technology. By issuing its 1999 guidance, OMB took an important step in
bringing the federal government's protection of an individual's privacy in
line with current technological advancements by providing guidance to
agencies for addressing the collection of on- line personal information
through the on- line posting of privacy policies. However, the memorandum
and attached guidance are unclear in several respects and contain undefined
language.

Table 7: Comparison of OMB Guidance with Privacy Act and Fair Information
Principles

Conclusions

B- 284494 Page 26 GAO/ GGD- 00- 191 Internet Privacy

OMB's memorandum requires that agencies' principal Web sites should have
clearly labeled and easily accessed privacy policies that inform visitors
about what information the agencies collect on their Web sites, why they
collect it, and how they will use it. The overwhelming majority of principal
Web sites we reviewed had clearly labeled and easily accessed privacy
policies. This result contrasts with the results of surveys conducted by
public interest groups in August 1997 and April 1999 that reported only
about one- third or fewer of agencies surveyed had posted privacy policies
on their principal Web sites. It is more difficult to determine if agencies
are following the memorandum when specific information collection or use
practices are considered. For example, threequarters of the principal Web
sites that disclosed that they automatically collected information from
visitors also explained what information they collected, why they collected
it, and how they used the information. Although OMB's memorandum clearly
requires agencies to include these three elements in their privacy policy
statements, an OMB official said that OMB recognizes that it is often
difficult to distinguish between why information was collected and how it
would be used. In doing our work, we also encountered some difficulty in
distinguishing between why information was collected and how it would be
used.

The memorandum and guidance also do not clearly state whether agencies must
address in their privacy policies each of the information practices
identified in the guidance, including information collected and stored
automatically. On the specific issue of whether they used cookies to
automatically collect information, a little more than a third of principal
Web sites disclosed whether or not they did so. However, OMB's guidance when
the memorandum was issued did not clearly direct such complete disclosure.
OMB published a memorandum in June 2000 that clarifies this requirement. On
the issue of whether agencies' Web sites used security and detection
measures, only about half of the 70 principal Web sites addressed that they
used such measures. Again, however, the OMB guidance did not clearly state
that agencies were required to say whether or not they used such measures.

Because agencies are being tasked with conducting more business on- line,
the importance of posting privacy policies that clearly inform visitors as
to how the information they provide will be treated becomes more important.
It becomes especially important because, given the mechanics of the
Internet, visitors can enter virtually any Web page directly from any number
of Web pages, including pages from outside an agency. Therefore, Web pages
that collect personally identifiable information could be the first place a
visitor enters a Web site. In such a case, the visitor's only

B- 284494 Page 27 GAO/ GGD- 00- 191 Internet Privacy

opportunity to learn of an agency's privacy policy would be from the page
collecting the personal information.

Almost half of the forms we identified that collected personal information
did not have privacy policies posted. However, because OMB's guidance
requires privacy policies to be posted on agencies' Web pages where
“substantial” personal information is collected but does not
define what is meant by substantial information, we could not determine
whether the forms we found that lacked privacy policies should have had them
under OMB's memorandum. It is not clear, for instance, in OMB's guidance
whether such information as Social Security numbers and credit card numbers
qualify as substantial personal information. We found a few instances when
such information was collected from on- line forms without posted privacy
policies. Finally, although we reviewed only a few selected agencies to
determine if Privacy Act notices should have been posted, we identified four
instances where agency officials said that they should have posted Privacy
Act notices because they were collecting personal information that they were
maintaining in systems of records. In addition, some of the agencies that
had Privacy Act notices on pages that collected personal information did not
address all of the required elements of the Privacy Act. For OMB's
memorandum and guidance, which extend privacy policies to on- line
information collections that are not covered by the Privacy Act, OMB
officials said that they spot- check whether agencies post privacy policies.

We also found a few instances where agencies seemed to be providing useful
information in their privacy policies to Web site visitors that was not
required by OMB's memorandum but suggested by its guidance. We found that a
few agencies' privacy policies included information about how long
information provided by visitors would be maintained and whether it would be
shared with others. In addition, federal agencies sometimes provided links
on their Web sites that took visitors to other federal agencies and, in some
instances, to private organizations. During our work, we noted that the
privacy policies of some agencies clearly alerted visitors when they were
leaving the agencies' Web site, or the visitors received a message when they
were leaving the agency's Web site.

We recommend that the Director of OMB consider, in consultation as
appropriate with parties such as the CIO Council, how best to help agencies
better ensure that individuals are provided clear and adequate notice about
how their personal information is treated when they visit federal Web sites.
This should include: Recommendations

B- 284494 Page 28 GAO/ GGD- 00- 191 Internet Privacy

ï¿½ defining what is meant by substantial personal information;

ï¿½ clarifying other sections of the guidance, including if agency privacy
policies should specifically disclose whether or not they use security and
intrusion detection measures; and

ï¿½ determining whether a distinction should continue to be made between why
an agency collects information and how the information will be used; if the
distinction is maintained, provide additional guidance on how agencies
should make that distinction.

We also recommend that the Director of OMB, working, as appropriate, with
agencies, Inspectors General, or the CIO Council, determine whether current
oversight strategies are adequate to ensure agencies' adherence to Web site
privacy policies and whether the policies will need further revision as Web
practices continue to evolve. As part of this oversight, we recommend that
the Director (1) ensure that the agencies we found that had not posted
Privacy Act notices where required, do so, and (2) determine the extent to
which the lack of Privacy Act notices is a problem on federal Web sites.

We provided a draft of this report for review and comment to the Director of
OMB.

In a letter dated August 30, 2000 (see app. VI), OMB's Deputy Director for
Management said that the report addresses a subject that is “very
important to this Administration- the protection of personal privacy
online.” However, the Deputy Director said that the findings presented
in the report do not adequately reflect the “significant progress that
the federal agencies have made in this area.” Specifically, the Deputy
Director for Management said that executive branch agencies implemented the
OMB memorandum with great success and that “agencies have now adopted
privacy policies at the most important Web pages on their sites, with a
virtually perfect record at agency principal Web sites and at major points
of entry.”

We believe our draft report provided a balanced assessment of agencies'
implementation of OMB's memorandum and guidance at the time of our review.
For example, we pointed out in our report that the overwhelming majority of
federal Web sites we reviewed posted privacy policies on their principal Web
sites, that is, the home pages of their Web sites. We also provided
information from an April 1999 survey of agencies' Web sites' privacy
notices so that readers could gauge the progress agencies have made.
However, we also reported that the content of the privacy policies posted on
the principal Web sites did not always address the required Agency Comments
and

Our Evaluation

B- 284494 Page 29 GAO/ GGD- 00- 191 Internet Privacy

elements of the OMB memorandum. Consequently, we did not believe any changes
were needed to our final report.

It also is not clear to us that the agency principal Web sites and major
entry points are necessarily the most important pages on agencies' Web sites
regarding the collection of personal information. Given the mechanics of the
Internet, which allow visitors to enter a Web site from any number of pages
or a hyperlink, visitors can bypass both principal Web sites and major entry
points and go directly to a page that collects personal information. Because
the first place a visitor could enter a Web site (and perhaps the only
opportunity the visitor has to learn of an agency's privacy policy) may be a
Web page that collects personal information, as OMB's memorandum recognizes,
it is important for agencies to post privacy policies on these pages to
notify an individual about how his or her personal information will be
treated. Nearly half of the Web pages that we identified as collecting
personal information did not have posted privacy policies. Therefore,
although we agree that agencies have made commendable progress in following
OMB's memorandum, we believe that OMB's guidance on when agencies should
post privacy policies on Web pages that collect personal information could
benefit from clarification, especially because the memorandum requires
privacy policies on pages where agencies collect substantial personal
information, which is not defined.

In response to recommendations made in our draft report, the Deputy Director
for Management stated that OMB's guidance was developed with input from
agencies and the CIO Council and that OMB would elicit responses from these
entities about the specific recommendations and the need for an overall
oversight strategy. We believe such input and consultation are beneficial
and, indeed, are incorporated into our recommendations to OMB.

We also provided excerpts of the report to the six agencies where we
performed additional work on major entry points and Web pages that we
identified as collecting personal information. The agencies provided
technical comments, which we incorporated into the report where applicable.

We will send copies of this report to Senator Fred Thompson, Chairman,
Senate Committee on Governmental Affairs; Representative Dan Burton,
Chairman, House Committee on Government Reform; Representative

B- 284494 Page 30 GAO/ GGD- 00- 191 Internet Privacy

Henry A. Waxman, Ranking Minority Member, House Committee on Government
Reform; and the Honorable Jacob J. Lew, Director, OMB. Copies will also be
made available to others upon request.

Key contributors to this report are listed in appendix VII. If you have any
questions, please call me on (202) 512- 8676 or Linda Libician on (214)
7775709.

Sincerely yours, Michael Brostek Associate Director, Federal Management

and Workforce Issues

Page 31 GAO/ GGD- 00- 191 Internet Privacy

Page 32 GAO/ GGD- 00- 191 Internet Privacy

Contents 1 Letter 36 To Determine if Agencies Posted Clearly Labeled Privacy

Policies on Principal Web Sites 36

To Determine if Agencies' Privacy Policies Addressed What Information
Agencies Collect, Why They Collect It, and How They Will Use It

37 To Determine How Selected Agencies Interpreted Major

Entry Point 39

To Determine if Selected Agencies Had Privacy Policies Posted on Web Pages
Where They Collect Substantial Personal Information

39 To Compare OMB's Memorandum With Selected

Statutory Requirements and With Fair Information Principles

42 Appendix I

Objectives, Scope, and Methodology

43 Appendix II The Names and Internet Addresses of the 70 Executive Branch
Agencies Reviewed

45 Appendix III The Names and Internet Addresses of the High- Impact
Agencies Reviewed

Contents Page 33 GAO/ GGD- 00- 191 Internet Privacy

47 Privacy Act 47 Other Selected Statutes 48 OMB Circular No. A- 130 49 OMB
Privacy Policies for Federal Web Sites 51 Analysis 54 Appendix IV

Applicable Laws and Implementing Guidance for Protecting Personal
Information

Conclusion 55 57 Fair Information Practice Principles 57 The Privacy Act 58
Analysis 59 Conclusion 62 Appendix V

Comparison of Fair Information Principles to the Privacy Act and Other Laws

63 GAO Comments 65 Appendix VI Comments From the

Office of Management and Budget

66 Appendix VII GAO Contacts and Staff Acknowledgments

Table 1: Number of Agencies That Followed OMB's Requirements to Disclose
What, Why, and How for Automatically Collected Information

11 Table 2: Number of Agencies That Followed OMB

Requirements to Address What, Why, and How for Cookies

12 Table 3: Criteria Selected Agencies Identified as Using to

Determine Major Entry Points 15 Tables

Table 4: Number of High- Impact Agencies' On- Line Forms With Posted Privacy
Policies by Purpose of Collection

19

Contents Page 34 GAO/ GGD- 00- 191 Internet Privacy

Table 5: Number of High- Impact Agencies' On- line Forms With Posted Privacy
Policies by Type of Personal Information Collected

20 Table 6: Number of On- line Forms Reviewed That Collect

Personal Information That Selected High- Impact Agencies Identified as
Needing Privacy Policies or Privacy Act Notices

22 Table 7: Comparison of OMB Guidance with Privacy Act

and Fair Information Principles 25

Figure 1: Number and Percentage of Agencies That Had Privacy Policies Posted
on Their Principal Web Sites on April 14, 2000

9 Figure 2: Types of Automatically Collected Information

Addressed in 63 Agency Privacy Policies 10 Figures

Page 35 GAO/ GGD- 00- 191 Internet Privacy

Appendix I Objectives, Scope, and Methodology

Page 36 GAO/ GGD- 00- 191 Internet Privacy

This review focuses on whether federal agencies were following Office of
Management and Budget (OMB) Memorandum M- 99- 18 entitled Privacy Policies
on Federal Web Sites, and attached guidance entitled Guidance and Model
Language for Federal Web Site Privacy Policies. Our objectives were to

ï¿½ determine if agencies had clearly labeled and easily accessed privacy
policies posted on their principal Web sites;

ï¿½ determine if agencies' privacy policies posted on principal Web sites
informed visitors about what information an agency collects, why the agency
collects it, and how the agency will use the information;

ï¿½ determine how selected agencies interpreted the requirement of the OMB
guidance to post privacy policies at major entry points; and

ï¿½ determine if selected agencies have posted privacy policies on Web pages
where the agency collects substantial personal information or, when
applicable, posted notices that refer to the Privacy Act of 1974. 1

In addition, as agreed, we compared the OMB privacy policy memorandum with
selected statutory requirements that are generally applicable to federal
agencies in protecting the privacy of information and with fair information
principles, as defined by the Federal Trade Commission (FTC) in its May 2000
report. 2

To determine if agencies had privacy policies posted on their principal Web
sites, we reviewed the Web sites of 70 agencies- 14 departments, 55
independent agencies, and the Executive Office of the President- on April
14, 2000. We compiled a list of federal executive agencies using two
publications- the United States Government Manual (1995/ 96 edition)
published by the National Archives and Records Administration and the
Federal Yellow Book (summer 1999 edition) published by Leadership
Directories Inc., and we used the Library of Congress' Web site (http://
lcweb. loc. gov/ global/ executive/ fed. html). We excluded boards,
commissions, and committees that were not listed as independent agencies.
OMB officials indicated that some of the agencies included in our review
might not consider themselves to be “executive branch” agencies
that are directly subject to the June 1999 OMB guidance. Because we did not
know definitively which agencies should be excluded, and because the

1 Public Law No. 93- 547, 5 U. S. C. 552a. The Privacy Act of 1974 is the
primary law regulating the federal government's collection and maintenance
of personal information. 2 In its report to Congress, Privacy Online: Fair
Information Practices in the Electronic Marketplace, May 2000, FTC
summarized widely accepted principles concerning fair information practices
into four principles of privacy protection- notice, choice, access, and
security. To Determine if

Agencies Posted Clearly Labeled Privacy Policies on Principal Web Sites

Appendix I Objectives, Scope, and Methodology

Page 37 GAO/ GGD- 00- 191 Internet Privacy

OMB guidance is consistent with the notice principle incorporated into the
Privacy Act and the fair information principles, we believe it is reasonable
to determine whether even those agencies not directly subject to the OMB
guidance are nevertheless following it. We know that one agency- the U. S.
Postal Service- does not believe that it should be on our list of agencies
that are to follow the OMB memorandum. According to U. S. Postal Service
officials, executive orders and OMB instructions generally do not apply to
it. However, the officials said that although the Postal Service is not
required to follow OMB's privacy policy memorandum, it voluntarily adheres
to it. We may have included other agencies in this review that are not
required to follow OMB's guidance.

To assess if an agency's privacy policy was “clearly labeled and
easily accessed” on the agency's principal Web site, (i. e., its home
page), we asserted the criterion that an agency's home page should include
either the privacy policy or a hyperlink to the privacy policy. 3 If there
was such a link to the agency's privacy policy, we asserted the criterion
that the link should contain the word “privacy.” In cases where
there was no agency privacy policy posted directly on the home page of the
principal Web site nor a clearly labeled link on that home page, we searched
the agency Web site for evidence of a privacy policy posted elsewhere. In
these cases we connected to Web pages through other links with labels such
as “notices,” “site map,” “about this
site,” “help,” or, when available, used the Web site's
search feature with the word “privacy.”

To determine if agencies' privacy policies address what information agencies
collect, why they collect it, and how they will use it, we reviewed the
privacy policies of the 70 agencies for two information practices-
automatically collected information and information provided by individuals
through e- mails and on- line forms when they visited an agency's Web site.
We did not verify whether agencies accurately portrayed their information
collection practices or whether agencies complied with their posted privacy
policies.

For automatically collected information we determined if agencies addressed
this practice in their privacy policies. If agencies addressed automatically
collected information, we noted what specific information the agencies
collected, including Internet domain, type of browser used to

3 A hyperlink is a predefined link from one location to another. The link
can jump within a particular location, to another location with the same
computer or network site, or even to a location at a completely different
physical site. Hyperlinks are commonly used on the Internet to provide
navigation, reference, and depth where published text cannot. A hyperlink
can be created from text, which typically appears as blue underlined text
within an HTML page, or from a graphic. To Determine if

Agencies' Privacy Policies Addressed What Information Agencies Collect, Why
They Collect It, and How They Will Use It

Appendix I Objectives, Scope, and Methodology

Page 38 GAO/ GGD- 00- 191 Internet Privacy

access the Web site, user's operating system, date and time of access, pages
visited, link of arrival, and Internet Protocol (IP) address. 4 To determine
if agencies' privacy policies addressed why they were automatically
collecting information, we looked for a general statement that addressed why
information was collected. Some examples of language we looked for included
“for statistical purposes,” “for summary
statistics,” and “to determine the number of visitors.” To
determine if agencies addressed how they were using this information, we
looked for a general statement that addressed how they used the information.
We also looked for an action taken as a result of collecting information,
and examples of language we looked for included “to improve our
site” and “to identify problem areas.” In addition, we
looked for more specific descriptions of how an agency might use
information, such as how long it would maintain automatically collected
information. Also, we identified whether agencies' privacy policies
addressed the use of cookies to collect information. 5 If privacy policies
addressed cookies, we used the same criteria mentioned earlier to determine
if the privacy policies addressed what information was collected, why it was
collected, and how it would be used. In addition, we noted if the policies
specifically addressed whether or not agencies disclosed the use of security
and intrusion detection measures to collect information about visitors to
their Web sites.

For the second information practice- information provided by individuals
through e- mails and on- line forms who visited the agency Web site- we
determined if agencies' privacy policies addressed this practice. We
determined whether or not agencies' privacy policies addressed why the
information was collected and how it would be used- for example, “to
respond to specific requests.” We also noted if the privacy policies
identified how long agencies would maintain the collected information and if
personal information would be shared with third parties, which OMB's
guidance suggests is appropriate. We made the assumption that if visitors
were voluntarily submitting information, they would know what information
was being collected.

4 An IP address is a string of numbers that the Internet uses to locate
individual computers. 5 A cookie is a file that is placed on a Web user's
hard drive by a Web site. The cookie can monitor the user's access of the
site, usually without the user's knowledge.

Appendix I Objectives, Scope, and Methodology

Page 39 GAO/ GGD- 00- 191 Internet Privacy

To determine how selected agencies have interpreted the requirement of the
OMB guidance to post privacy policies at major entry points, we contacted
officials at 6 of the 70 agencies- the Departments of Commerce, Defense,
Justice, and the Interior; the Small Business Administration (SBA); and the
Social Security Administration (SSA). We selected these agencies because
they had large numbers of Web sites or had frequent contact with the public.
We interviewed officials at each of the selected agencies to obtain their
criteria for determining which Web pages to designate as major entry points.
From these officials, we obtained a list of their major entry points as of
May 1, 2000. For five of the six agencies, we visited each Web page the
agencies identified as being a major entry point to determine if privacy
policies were posted. Because the Department of Defense identified a large
number of major entry points, we selected and reviewed a random sample of 59
of their approximately 2, 400 major entry points. Our sample was designed to
detect, at a 95- percent probability level, if 5 percent or more of the
Department- identified major entry Web pages did not have a posted privacy
policy. All of the major entry points in our sample had privacy policies
posted. These results from our review of this sample indicate, with a high
degree of assurance, that the Department consistently posted privacy
policies on its identified major entry points.

Because we judgmentally selected the six agencies when we did our review of
privacy policies posted at major entry points, we are not able to generalize
the results of our work to all federal agencies.

To determine if selected agencies have posted privacy policies on Web pages
where they collect substantial personal information or, when applicable,
notices that refer to the Privacy Act of 1974, we first had to define what
constituted “substantial” personal information because the OMB
memorandum and its guidance did not define it. Therefore, to assess OMB's
requirement that agencies post privacy policies on Web pages where they
collect substantial personal information, we developed our own criterion-
personal information. To do so, we reviewed the definition of personal
information from studies conducted by FTC on private sector Web sites. For
purposes of this review, we defined personal information to include an
individual's name, e- mail address, postal address, telephone number, Social
Security number, or credit card number. 6 FTC calls this type of information
personal identifying information because it can be used to locate or
identify an individual.

6 Our definition of personal information is consistent with the elements of
personal information identified by FTC in its report to Congress, Privacy
Online: Fair Information Practices in the Electronic Marketplace, which was
published in May 2000. To Determine How

Selected Agencies Interpreted Major Entry Point

To Determine if Selected Agencies Had Privacy Policies Posted on Web Pages
Where They Collect Substantial Personal Information

Appendix I Objectives, Scope, and Methodology

Page 40 GAO/ GGD- 00- 191 Internet Privacy

Using our definition of personal information, we reviewed the Web sites at
agencies designated by the National Performance Review (NPR) as highimpact
agencies. According to NPR, these high- impact agencies provide 90 percent
of the federal government's contact with the public as well as a wide range
of services. NPR identified 32 high- impact agencies. The highimpact
agencies consist of components of departments, independent agencies, and one
crosscutting issue- acquisition reform. To distinguish them from the 70
agencies we reviewed under our prior objectives, we refer to these as the
high- impact agencies. Two of the high- impact agencies are the Veterans
Health Administration and Veterans Benefits Administration under the
Department of Veterans Affairs. In doing our work, we did not distinguish
between these agencies when we searched for pages that collected personal
information. We searched the Department's Veterans Benefits and Services Web
site (www. va. gov/ vbs/ index. htm) because both agencies linked to this
site. Therefore, we counted them as a single high- impact agency, the
Department of Veterans Affairs, and limited our review to 31 high- impact
agencies. One of NPR' s identified high- impact agencies, the Department of
Defense's Acquisition Reform, is not an agency, but an initiative under the
Office of the Secretary that cuts across all services. However, because NPR
identified it as an agency, we retained it on our list of 31 high- impact
agencies. We reviewed the Office of the Deputy Under Secretary of Defense
for Acquisition Reform's Web site.

For the 31 high- impact agencies, we reviewed the home page of each agency's
Web site to determine if there was a posted privacy policy or a link to a
privacy policy statement. We then reviewed the privacy policy of each high-
impact agency's home page to determine if it addressed the collection of
personal information through e- mail and forms. We judgmentally reviewed
each of the 31 high- impact agencies' Web sites to locate one instance of e-
mail and up to 5 instances of on- line forms that collected personal
information.

If we could not locate on- line forms where individuals could submit
personal information, we used a site search engine, when available, to
search using the word “form.” If we found fewer than five on-
line forms, a second staff member searched the Web site for additional
forms. The email link and the on- line forms that we identified for each
high- impact agency may or may not be representative of other e- mail links
or on- line forms on the agencies' Web sites.

For each page where we found an e- mail and an on- line form, we noted
whether there was a privacy policy or a Privacy Act notice directly on the

Appendix I Objectives, Scope, and Methodology

Page 41 GAO/ GGD- 00- 191 Internet Privacy

page or if there was a clearly labeled link, using the same criteria we used
when reviewing principal Web sites, to a privacy policy on the page. We also
noted if the high- impact agency had posted privacy policies, or a link to
privacy policies, on an intermediary page that an individual would have to
view before arriving at the form. In these instances, there was a hyperlink
to a privacy policy on the home page of the form or one of the pages an
individual would view once he or she had selected a link to input
information on the form. Without the specific address of the on- line form,
the visitor could not access the on- line form without passing through a
prior page. Also, the Privacy Act, which requires agencies to include a
privacy notice on forms that collect Privacy Act covered information,
permits agencies to meet this requirement by including the notice on a
separate page that an individual can detach and retain.

We documented the personal information that a visitor could provide on the
Web page. We noted whether the visitor could provide name, e- mail address,
postal address, telephone number, Social Security, number and credit card
information. In some cases, the form would state that certain information
was optional. We collected the information regardless of whether it was
optional for the visitor to provide or not. We also noted the purpose for
which the agency collected the personal information.

To determine if pages that we identified needed either the OMB required
privacy policies or Privacy Act notices posted, we contacted officials at
nine judgmentally selected high- impact agencies. The selected high- impact
agencies include: Bureau of the Census, Patent and Trademark Office, and
International Trade Administration within the Department of Commerce; the
Acquisition Reform initiative within the Department of Defense; Bureau of
Land Management and National Park Service within the Department of the
Interior; Immigration and Naturalization Service within the Department of
Justice; SBA; and SSA. We selected these high- impact agencies because they
were either the same agencies or components of the agencies we reviewed for
the major entry point work. We asked officials of the selected high- impact
agencies if the on- line forms we identified as not having privacy policies
posted were collecting information that the agencies were maintaining in
systems of records, thereby requiring Privacy Act notices. If officials said
that they were not maintaining the information collected in systems of
records, we discussed if they considered the Web page as needing privacy
policies posted as required under the OMB memorandum. In addition, for the
selected high- impact agencies, if they had Privacy Act notices posted on
forms that we identified, we also

Appendix I Objectives, Scope, and Methodology

Page 42 GAO/ GGD- 00- 191 Internet Privacy

determined if the notices contained the elements required under the Privacy
Act. 7

To help ensure accuracy and consistency in our assessments of the agencies'
Web pages, a second staff member independently reviewed each Web page.

To compare OMB's memorandum and its related guidance with selected statutory
requirements that are generally applicable to federal agencies, we
researched and reviewed selected statutes and implementing guidance that
generally apply to federal agencies in protecting the privacy of information
they collect. To compare the OMB memorandum and its related guidance to fair
information principles as recently summarized by FTC in its May 2000 report,
we reviewed FTC's report and other literature about the fair information
principles. We also interviewed OMB officials to obtain their opinion as to
how the OMB privacy policy memorandum compared to fair information
principles.

We performed our work between January and August 2000, in accordance with
generally accepted government auditing standards.

7 The Privacy Act requires agencies to inform individuals whom it asks to
supply information the following information on the form which it uses to
collect the information: (1) the authority which authorizes the solicitation
of the information and whether disclosure is mandatory or voluntary; (2) the
principal purpose or purposes for which the information is intended to be
used; (3) the routine uses which may be made of the information; and (4) the
effects on the individual, if any, of not providing all or any part of the
requested information. To Compare OMB's

Memorandum With Selected Statutory Requirements and With Fair Information
Principles

Appendix II The Names and Internet Addresses of the 70 Executive Branch
Agencies Reviewed

Page 43 GAO/ GGD- 00- 191 Internet Privacy

Agency Internet address

Executive Office of the President www. whitehouse. gov

Department

Agriculture www. usda. gov Commerce www. doc. gov Defense www. defenselink.
mil Education www. ed. gov Energy www. doe. gov Health and Human Services
www. dhhs. gov Housing and Urban Development www. hud. gov Interior www.
doi. gov Justice www. usdoj. gov Labor www. dol. gov State www. state. gov
Transportation www. dot. gov Treasury www. treas. gov Veterans Affairs www.
va. gov

Independent agency

African Development Foundation www. adf. gov Central Intelligence Agency
www. cia. gov Commodity Futures Trading Commission www. cftc. gov Consumer
Product Safety Commission www. cpsc. gov Corporation for National Service
www. cns. gov Defense Nuclear Facilities Safety Board www. dnfsb. gov
Environmental Protection Agency www. epa. gov Equal Employment Opportunity
Commission www. eeoc. gov Export- Import Bank of the United States www.
exim. gov Farm Credit Administration www. fca. gov Federal Communications
Commission www. fcc. gov Federal Deposit Insurance Corporation www. fdic.
gov Federal Election Commission www. fec. gov Federal Emergency Management
Agency www. fema. gov Federal Housing Finance Board www. fhfb. gov Federal
Labor Relations Authority www. flra. gov Federal Maritime Commission www.
fmc. gov Federal Mediation and Conciliation Service www. fmcs. gov Federal
Mine Safety and Health Review Commission www. fmshrc. gov Federal Reserve
System – Board of Governors www. bog. frb. fed. us Federal Retirement
Thrift Investment Board www. frtib. gov Federal Trade Commission www. ftc.
gov General Services Administration www. gsa. gov Inter- American Foundation
www. iaf. gov Merit Systems Protection Board www. mspb. gov National
Aeronautics and Space Administration www. nasa. gov National Archives and
Records Administration www. nara. gov National Capital Planning Commission
www. ncpc. gov National Credit Union Administration www. ncua. gov National
Endowment for the Arts www. arts. endow. gov National Endowment for the
Humanities www. neh. fed. us National Labor Relations Board www. nlrb. gov
National Mediation Board www. nmb. gov

Appendix II The Names and Internet Addresses of the 70 Executive Branch
Agencies Reviewed

Page 44 GAO/ GGD- 00- 191 Internet Privacy

Agency Internet address

National Science Foundation www. nsf. gov National Transportation Safety
Board www. ntsb. gov Nuclear Regulatory Commission www. nrc. gov
Occupational Safety and Health Review Commission www. oshrc. gov Office of
Government Ethics www. usoge. gov Office of Personnel Management www. opm.
gov Office of Special Counsel www. osc. gov Overseas Private Investment
Corporation www. opic. gov Peace Corps www. peacecorps. gov Pension Benefit
Guaranty Corporation www. pbgc. gov Postal Rate Commission www. prc. gov
Railroad Retirement Board www. rrb. gov Securities and Exchange Commission
www. sec. gov Selective Service System www. sss. gov Small Business
Administration www. sba. gov Social Security Administration www. ssa. gov
Tennessee Valley Authority www. tva. gov Trade and Development Agency www.
tda. gov United States Agency for International Development www. usaid. gov
United States Commission on Civil Rights www. usccr. gov United States
International Trade Commission www. usitc. gov United States Postal Service
a www. usps. com

a According to U. S. Postal Service officials, the agency is not required to
follow OMB's privacy policies memorandum but voluntarily adheres to the
memorandum. Source: Agency Web pages.

Appendix III The Names and Internet Addresses of the High- Impact Agencies
Reviewed

Page 45 GAO/ GGD- 00- 191 Internet Privacy

High- impact agency Internet address

Department of Agriculture Animal and Plant Health Inspection Service www.
aphis. usda. gov Food Safety and Inspection Service www. fsis. usda. gov
Food and Nutrition Service www. fns. usda. gov Forest Service www. fs. fed.
us

Department of Commerce Bureau of the Census www. census. gov U. S. & Foreign
Commercial Trade/ International Trade Administration a www. usatrade. gov
Patent and Trademark Office www. uspto. gov National Weather Service www.
nws. noaa. gov

Department of Defense Acquisition Reform b www. acq. osd. mil/ ar/ ar. htm

Department of Education Office of Financial Assistance c www. ed. gov

Department of Health and Human Services Food and Drug Administration www.
fda. gov Administration for Children and Families www. acf. dhhs. gov Health
Care Financing Administration www. hcfa. gov

Department of the Interior National Park Service www. nps. gov Bureau of
Land Management www. blm. gov

Department of Justice Immigration and Naturalization Service www. ins.
usdoj. gov

Department of Labor Occupational Safety and Health Administration www. osha.
gov

Department of State Bureau of Consular Affairs travel. state. gov

Department of Transportation Federal Aviation Administration www. faa. gov

Department of the Treasury Customs Service www. customs. ustreas. gov
Internal Revenue Service www. irs. ustreas. gov Financial Management Service
www. fms. treas. gov

Department of Veterans Affairs d Veterans Health Administration www. va.
gov/ About_ VA/ Orgs/ vha/ index. htm Veterans Benefits Administration www.
vba. va. gov

Appendix III The Names and Internet Addresses of the High- Impact Agencies
Reviewed

Page 46 GAO/ GGD- 00- 191 Internet Privacy

High- impact agency Internet address

Independent Agency Environmental Protection Agency www. epa. gov Federal
Emergency Management Agency www. fema. gov General Services Administration
www. gsa. gov National Aeronautics and Space Administration www. nasa. gov
Office of Personnel Management www. opm. gov Small Business Administration
www. sba. gov Social Security Administration www. ssa. gov United States
Postal Service e www. usps. com

a We reviewed the Web site of the U. S. Commercial Service, an office within
the International Trade Administration. b One of the high- impact agencies,
the Department of Defense's acquisition reform, is not an agency,

but an initiative under the Office of the Secretary that cuts across all
services. We reviewed the Web site for the Office of the Deputy Under
Secretary of Defense for Acquisition Reform. c The NPR site lists this
agency as the Office of Financial Assistance but the agency's Web site
refers

to the agency's name as the Office of Student Financial Assistance. d Two of
the high- impact agencies-- the Veterans Health Administration and the
Veterans Benefits

Administration- are under the Department of Veterans Affairs. In doing our
work, we did not distinguish between these agencies when we searched for
pages that collected personal information. We searched the Department's
Veterans Benefits and Services Web site (www. va. gov/ vbs/ index. htm)
because both agencies linked to this site. Therefore, in this report, we
counted these agencies as one, that is-- the Department of Veterans
Affairs-- and discuss only 31 high- impact agencies. e According to U. S.
Postal Service officials, the agency is not required to follow OMB's privacy
policy

memorandum, but it voluntarily adheres to the memorandum. Source: National
Partnership for Reinventing Government Internet Web site located at www.
npr. gov/ library/ announc/ hiapage3.html.

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 47 GAO/ GGD- 00- 191 Internet Privacy

Federal agencies are required by law to protect an individual's right to
privacy when they collect personal information. The Privacy Act is the
primary law regulating the federal government's collection and maintenance
of personal information. 1 Other laws of general application that apply to
the protection of personal information collected by the federal government
are the Freedom of Information Act (FOIA), 2 the Computer Security Act of
1987, 3 the Paperwork Reduction Act of 1995, 4 and the Computer Matching and
Privacy Protection Act of 1988. 5 Appendixes I and III of OMB Circular No.
A- 130 on the management of federal information resources also provide
guidance to executive departments and agencies on protecting personal
information. 6 On June 2, 1999, OMB issued Memorandum M- 99- 18 directing
agencies to post privacy policies on federal Web sites. On June 22, 2000,
OMB issued Memorandum M- 00- 13 providing additional guidance relating to
the collection of information by federal Web sites. This appendix discusses
the Privacy Act and other laws mentioned above that protect personal
information, OMB Circular No. A- 130, OMB Memorandum M- 99- 18 and its
attached guidance, and OMB Memorandum M- 00- 13.

The Privacy Act places limitations on the collection, use, and dissemination
of personally identifiable information maintained by an agency about an
individual and contained in an agency's system of records. The Privacy Act
defines a “system of records” as any group of records under the
control of an 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. Under the act, an agency cannot
disclose any information about an individual contained in a system of
records to another person or agency without the prior consent of the
individual, unless the disclosure is authorized by law. The Privacy Act
authorizes 12 exceptions under which an agency may disclose information in
its records. For example, the act authorizes an agency to disclose a

1 P. L. 93- 579, 5 U. S. C. sect. 552a. 2 P. L. 89- 487, 5 U. S. C. sect.552. 3 P.
L. 100- 235; 15 U. S. C. sect.sect. 271 note, 272, 278g- 3, 278g- 4, 278h; 40 U. S.
C. sect.1441. 4 P. L. 104- 13, 44 U. S. C. sect.3501 et. seq., as amended by the
Clinger- Cohen Act of 1996. 5 P. L. No. 100- 503; 5 U. S. C. sect.sect. 552a( o),-
(p), (q), (r), and (s). 6 Appendix I, “Federal Agency Responsibilities
for Maintaining Records about Individuals,” provides guidance to
agencies for implementation of the Privacy Act; and Appendix III,
“Security of Federal Automated Information Resources,” among
other things, establishes a minimum set of controls to be included in
federal automated information security programs and assigns federal agency
responsibilities for the security of automated information. Privacy Act

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Personal Information

Page 48 GAO/ GGD- 00- 191 Internet Privacy

record for a routine use, pursuant to an order of a court of competent
jurisdiction, or to either House of Congress. 7 The Privacy Act grants
individuals the right of access to agency records maintained on themselves;
the right to amend that record if it is inaccurate, irrelevant, untimely, or
incomplete; and the right to sue the government for violations of the act.
The Privacy Act requires an agency to notify an individual when it is
collecting information on a form that is to be entered in a system of
records of such information as the authority authorizing the solicitation of
the information, the principal purpose for which the information is intended
to be used, and the routine uses that may be made of the information. When
an agency is establishing or revising a system of records, it is required to
publish in the Federal Register a notice including such information as the
name and location of the system, the categories of individuals on whom
records are maintained in the system, and each routine use of the records
contained in the system.

FOIA, as amended, provides that the public has a right of access to federal
agency records, except for those records that are protected from disclosure
by nine stated exemptions. Two exemptions in FOIA protect personal privacy
interests from disclosure. The first exemption allows the federal government
to withhold information about individuals in personnel and medical files
when the disclosure would constitute a clearly unwarranted invasion of
personal privacy. The second exemption allows the federal government to
withhold records or information compiled for law enforcement purposes, but
only to the extent that the production of such law enforcement records or
information could reasonably be expected to constitute an unwarranted
invasion of personal privacy.

The Paperwork Reduction Act of 1995 requires the Office of Information and
Regulatory Affairs within OMB to provide central guidance for and oversight
of federal agencies' information management activities, including activities
under the Privacy Act. The Paperwork Reduction Act of 1995 also requires
federal agencies to ensure compliance with the Privacy Act and coordinate
management of the requirements of FOIA, the Privacy Act, the Computer
Security Act, and related information management laws.

The Computer Security Act of 1987, as amended, provides for improving the
security and privacy of sensitive information in federal computer systems.
The act defines “sensitive information” to include any
unclassified information that, if lost, misused, or accessed or modified

7 The Privacy Act defines “routine use” as the use of a record
for a purpose that is compatible with the purpose for which it was
collected. Other Selected

Statutes

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 49 GAO/ GGD- 00- 191 Internet Privacy

without authorization, could adversely affect the national interest, conduct
of federal programs, or the privacy to which individuals are entitled under
the Privacy Act. The Computer Security Act requires federal agencies to
identify their computer systems that contain sensitive information,
establish training programs to increase security awareness and knowledge of
security practices, and establish a plan for the security and privacy of
each computer system with sensitive information. The Computer Security Act
also requires the National Institute of Standards and Technology to develop
standards and guidelines for the security and privacy of sensitive
information in federal computer systems.

The Computer Matching and Privacy Protection Act of 1988 amended the Privacy
Act to establish procedural safeguards regarding an agency's use of Privacy
Act records in performing certain types of computerized matching programs.
The act requires that agencies enter into written agreements specifying the
terms under which matches are to be performed. It also provides due process
rights for individuals to prevent agencies from taking adverse actions
unless they have independently verified the results of a match and given the
subject 30 days' advance notice. The act covers matches for the purpose of
establishing or verifying initial or continuing eligibility for federal
benefits programs or for recouping payments or delinquent debts under
federal benefits programs. Appendix 1 to OMB Circular No. A- 130 provides
guidance to agencies on computer matching programs.

OMB Circular No. A- 130 establishes policies for the management of federal
information resources, as required by the Paperwork Reduction Act of 1980, 8
as amended. The Circular sets forth a number of general polices concerning
the protection of personal privacy by the federal government:

ï¿½ The individual's right of privacy must be protected in federal government
information activities involving personal information. 9

ï¿½ Agencies shall consider the effects of their actions on the privacy rights
of individuals and ensure that appropriate legal and technical safeguards
are implemented. 10

ï¿½ Agencies have a responsibility to provide information to the public
consistent with their missions. Agencies shall discharge this responsibility
by providing (a) information as required by law. . . ; and (b) access to

8 P. L. 96- 511. 9 OMB Circular No. A- 130, Sec. 7g (Feb. 1996). 10 OMB
Circular No. A- 130, Sec. 8a1( i) (Feb. 1996). OMB Circular No. A130

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 50 GAO/ GGD- 00- 191 Internet Privacy

agency records under provisions of FOIA and the Privacy Act, subject to the
protections and limitations provided for in these Acts. 11

ï¿½ Agencies shall limit the collection of information that identifies
individuals to that which is legally authorized and necessary for the proper
performance of agency functions. 12

ï¿½ Agencies shall provide individuals, upon request, access to records about
them maintained in Privacy Act systems of records, and permit them to amend
such records as are in error consistent with the provisions of the Privacy
Act. 13

In addition, Appendix I to OMB Circular No. A- 130 describes agency
responsibilities relating to the Privacy Act, as amended by the Computer
Matching and Privacy Protection Act of 1988, for maintaining records about
individuals. In this regard, Appendix 1 requires the head of the agency to
review the following:

ï¿½ every 2 years, a random sample of agency contracts that provide for the
maintenance of a system of records to ensure the contract makes the Privacy
Act provision binding on the contractor and his or her employees;

ï¿½ every 4 years, the routine use disclosures associated with each system of
records to ensure the recipient's use of such records are compatible with
the purpose for which the disclosing agency collected the information; and

ï¿½ biennially, agency training practices in order to ensure that agency
personnel are familiar with the act and the agency's implementing
regulation. 14

In addition, Appendix III to OMB Circular No. A- 130 describes a minimum set
of controls to be included in federal automated information security
programs; assigns federal agency responsibilities for the security of
automated information; and links agency automated information security
programs and agency management control systems established in accordance
with OMB Circular No. A- 123.

11 OMB Circular No. A- 130, Sec. 8a5 (Feb. 1996). 12 OMB Circular No. A-
130, Sec. 8a9( b) (Feb. 1996). 13 OMB Circular No. A- 130, Sec. 8a9( d)
(Feb. 1996). 14 See Section 3 of Appendix 1 to OMB Circular No. A- 130 for a
complete list of reviews an agency is to conduct relating to the Privacy
Act.

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 51 GAO/ GGD- 00- 191 Internet Privacy

On June 2, 1999, OMB issued Memorandum M- 99- 18 directing agencies to post
privacy policies on their principal Web sites by September 1, 1999. The
memorandum also directed agencies to add privacy policies to any known major
entry points, as well as to any Web page where substantial personal
information is collected from the public by December 1, 1999. The OMB
memorandum states “each privacy policy must inform visitors to the
site of the following: (1) what information the agency is collecting about
individuals; (2) why the agency is collecting the information; and (3) how
the agency will use the information.” The OMB memorandum also states
that privacy policies must be clearly labeled and easily accessed when an
individual visits a Web site.

The OMB memorandum states “federal agencies must protect an
individual's right to privacy when they collect personal information which
is required by the Privacy Act and OMB Circular No. A- 130.” The
memorandum also states “new information technologies offer exciting
possibilities for improving the quality and efficiency of government service
to the American people” and further states “we cannot realize
the potential of the Web until people are confident we protect their privacy
when they visit our sites.” The memorandum informed agencies that it
was attaching guidance containing model privacy language to assist them in
reviewing their existing privacy policies or to use in creating privacy
policies.

The guidance attached to OMB Memorandum M- 99- 18 states “every
federal Web site must include a privacy policy statement, even if the site
does not collect any information resulting in creating a Privacy Act
record.” The guidance also states that “federal agencies' Web
sites are highly diverse, have many different purposes, and that agencies
must tailor their statement to the information practices of each individual
Web site.” The guidance advises agencies on how to prepare privacy
policy statements for five different situations: (1) introductory language;
(2) information collected and stored automatically; (3) information
collected from e- mails and Web forms; (4) security, intrusion, and
detection language; and (5) significant actions where information enters a
system of records. 15 Finally,

15 The OMB privacy policy guidance uses two headings to describe situation
5-“ significant actions where information may be subject to the
Privacy Act” and “significant actions where information enters a
system of records.” For purposes of consistency in this appendix, we
use the heading “significant actions where information enters a system
of records.” OMB Privacy Policies

for Federal Web Sites OMB Memorandum M- 99- 18

Guidance Attached to OMB Memorandum M- 99- 18

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 52 GAO/ GGD- 00- 191 Internet Privacy

the guidance provides examples of model privacy language to assist agencies
in drafting their policies.

Concerning the posting of introductory language on agency Web sites, the
guidance describes Web sites as “ the front door” for many
contacts by individuals, and advises agencies to inform individuals about
the agencies' privacy policies concerning the collection and use of
information. As examples, the guidance contains language from the White
House and the Social Security Administration Web sites. The privacy policy
posted on the White House's Web site states it will not collect any personal
information from individuals visiting the Web site unless they choose to
provide that information. The Social Security Administration's Web site
informs visitors that under its privacy policy, it will not collect any
personally identifiable information from them such as their names,
addresses, or Social Security numbers, when they visit its Web site unless
they willingly provide such information.

Concerning information that is collected and stored automatically, OMB's
guidance notes that in the course of operating a Web site, certain
information may be collected automatically. The OMB guidance advises
agencies to make clear to individuals whether they are collecting
information automatically and whether they plan to collect more information.
The OMB guidance provides language from the White House Web site, which
informs visitors that its policy is to collect the Internet domain name, the
type of browser and operating system visitors use to access the site, the
date and time the site was accessed, and the pages visited. The White House
Web site also informs visitors that although it uses the information to make
its site more useful to visitors, its policy is not to track or record
information about individuals and their visits.

On June 22, 2000, OMB issued Memorandum M- 00- 13, entitled “Privacy
Polices and Data Collection on Federal Web Sites.” The June 22
memorandum refers to the earlier OMB Memorandum, M- 99- 18, and the need for
agencies to comply with this earlier guidance; however, the June 22, 2000,
memorandum provides additional guidance relating to the collection of
information by federal Web sites using cookies. 16 The guidance attached to
OMB Memorandum M- 99- 18 states that agencies could use automatic means to
collect information in logs or cookies. The June 22, 2000 memorandum states
that cookies should not be used at federal Web sites unless clear and
conspicuous notice is given and the following conditions are met: (1) there
is a compelling need to gather the

16 Cookies are files placed on a Web user's hard drive by a Web site to
track the activities of users.

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 53 GAO/ GGD- 00- 191 Internet Privacy

data on the site, (2) the agency takes appropriate and publicly disclosed
privacy safeguards for handling information derived from cookies, and (3)
the head of the agency has personally approved the use of cookies.

Concerning information collected from e- mails and Web pages, the OMB
guidance notes that many Web sites receive identifiable information frome-
mails or Web forms and advises agencies to state how they treat the
identifiable information. The OMB guidance states “if true, the agency
should inform visitors it uses the information included in an e- mail for
the purposes for which it was provided and that the information will be
destroyed after this purpose has been fulfilled.” The OMB guidance
provides sample language to this effect from the FTC privacy policy posted
at its Web site. The FTC privacy policy also informs individuals that the
material they submit may be seen by various people in the agency and may
also be shared with other government agencies enforcing protection,
competition, and other laws. The FTC policy informs individuals that in
other limited circumstances, such as requests from Congress or private
individuals, FTC may be required by law to disclose information submitted by
e- mail.

Concerning security, intrusion, and detection language, the OMB guidance
notes that many Webmasters use information collected on a site to detect
potentially harmful intrusion and to take action once an intrusion is
detected. The OMB guidance further notes that in the event of authorized law
enforcement investigations, and pursuant to any required legal process,
information from those logs and other sources may be used to help identify
an individual. The OMB guidance contains language from the Department of
Defense's (DOD) privacy policy posted on its Web site that states “for
site security purposes, and to ensure that this service remains available to
all users, this government computer system employs software programs to
monitor network traffic to identify unauthorized attempts to upload or
change information, or otherwise cause damage.” The DOD privacy policy
further states “except for authorized law enforcement investigations,
no other attempts are made to identify individual users or their usage
habits.”

Concerning significant actions where information enters a system of records,
the OMB guidance states “to date, a large fraction of federal Web
pages have not collected significant amounts of identifiable information in
ways that are entered directly into systems of records covered by the
Privacy Act.” The OMB guidance informs agencies that in systems of
records where traditional paper collections of information are supplemented
or replaced by electronic forms offered through a Web site,

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 54 GAO/ GGD- 00- 191 Internet Privacy

the rules of the Privacy Act continue to apply. The guidance also states
that for those situations where a Privacy Act notice would be required in
the paper- based world, it would be appropriate to post a relevant Privacy
Act notice on the Web page, or through a well- marked hyperlink.

OMB Memorandum M- 99- 18 and the attached guidance provide supplemental
information to agencies to reflect their collection of personal information
by new technologies that were not in existence when the Privacy Act became
law in 1974. The OMB memorandum recognizes that agencies are required by the
Privacy Act to protect an individual's right to privacy when they collect
personal information. However, the OMB memorandum and guidance introduce
undefined terms, the meaning of which is unclear, and which are not used in
the Privacy Act.

OMB Memorandum M- 99- 18 and the attached guidance introduce two new terms,
“substantial personal information” and “significant
actions,” which are not found in the Privacy Act and OMB Circular No.
A- 130 and are not defined in OMB Memorandum M- 99- 18 and its attachment.
The OMB memorandum directs agencies to post privacy polices on their
principal Web sites and major entry points, as well as any Web pages that
collect substantial personal information. However, the attached guidance
states that agencies must include a privacy policy statement on every Web
site, even if the sites do not collect personal information that would be
entered into a system of records that is covered under the Privacy Act.
Under the Privacy Act, the controlling authority for information covered by
the act is whether it falls within the definition of a system of records,
and not whether it is considered to be substantial personal information.
Because the term “substantial personal information” is not
defined in the OMB memorandum and is not contained in the Privacy Act, it is
unclear how agencies decide what personal information is or is not
substantial.

The guidance attached to the OMB memorandum also includes a section
discussing an agency's Privacy Act obligations in an electronic environment
and indicates that the rules of the Privacy Act continue to apply where
traditional paper collections of information are supplemented or replaced by
electronic forms offered through a Web site. However, the heading for this
section indicates that it relates only to “significant actions where
information enters a system of records.” Since the intended meaning of
the phrase “significant actions” is not defined in the
memorandum and is thus unclear, an agency could interpret this requirement
as distinguishing between significant and nonsignificant actions. Under the
Privacy Act, however, personally identifiable information is covered by the
act if it is in a system of records. The Privacy Analysis

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 55 GAO/ GGD- 00- 191 Internet Privacy

Act does not distinguish between significant or nonsignificant information
for the purpose of determining whether information is subject to the Privacy
Act.

More generally, the OMB memorandum does not explicitly address the
relationship between the requirements of posting Web site privacy policies
and an agency's obligations under the Privacy Act. The OMB memorandum
directs agencies to post privacy policies that inform individuals about the
information the agency is collecting about them, why it is collecting the
information, and how it will be used. However, neither the memorandum nor
the guidance refers to the more expansive requirements in the Privacy Act
for an agency that maintains a system of records to notify individuals who
supply information, on a form, of the following:

1. the authority authorizing the solicitation of the information, and
whether disclosure of such information is mandatory or voluntary;

2. the principal purpose or purposes for which the information is intended
to be used;

3. the routines uses which may be made of the information; and 4. the
effects on the individual, if any, for not providing all or any part of

the requested information. The only discussion directly addressing an
agency's obligation under the Privacy Act is in the section in the attached
guidance entitled “significant actions where information enters a
system of records”; and, as noted earlier, the scope of the section is
unclear. Accordingly, given the differences between the privacy policy
statement required by OMB's memorandum and the notice required by the
Privacy Act, we believe that the OMB memorandum may cause agencies
confusion.

The Privacy Act of 1974, as amended, requires protection for personal
information maintained in a federal agency's systems of records. Other laws,
such as FOIA, the Computer Security Act, and the Paperwork Reduction Act
support agency compliance with the Privacy Act. On June 2, 1999, OMB issued
Memorandum M- 99- 18 directing federal agencies to post privacy policies on
federal Web sites. However, OMB Memorandum M- 99- 18 and its attached
guidance are unclear and introduce two new terms- substantial personal
information and significant actions- that are not found in the Privacy Act
and OMB Circular No. A- 130 and are not defined in the OMB memorandum and
guidance. Furthermore, the new terms do Conclusion

Appendix IV Applicable Laws and Implementing Guidance for Protecting
Personal Information

Page 56 GAO/ GGD- 00- 191 Internet Privacy

not appear to have equivalent terms in the act. These terms and other
apparent differences between the OMB Memorandum and the Privacy Act could be
confusing to agencies.

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 57 GAO/ GGD- 00- 191 Internet Privacy

The Fair Information Practice Principles were first articulated in July 1973
when a Department of Health, Education and Welfare (HEW) Advisory Committee
on Automated Personal Data Systems issued a report to the Secretary of HEW
entitled “Records, Computers, and the Rights of Citizens.” In
this report, the Advisory Committee recommended the enactment of legislation
establishing a Code of Fair Information Practice for all automated personal
data systems and set forth five basic principles to safeguard requirements
for automated personal data systems. The Code of Fair Information Practice
predated the Privacy Act of 1974 1 by over a year, and influenced the
enactment of the Privacy Act. The Privacy Act is the primary law regulating
the federal government's collection and maintenance of personal information.
This appendix discusses fair information practices principles and compares
those principles contained in a May 2000 Federal Trade Commission Report to
Congress 2 to the requirements imposed by the Privacy Act of 1974, as
amended, and other laws of general application that apply to the protection
of personal information collected by the federal government.

The 1973 HEW Advisory Report recommended the enactment of legislation to
establish a code of fair information practices for all automated personal
data systems containing the following five basic principles:

ï¿½ There must be no personal data record- keeping systems whose very
existence is secret.

ï¿½ There must be a way for an individual to find out what information about
him or her is in a record and how it is used.

ï¿½ There must be a way for an individual to prevent information about him or
her that was obtained for one purpose from being used or made available for
other purposes without his or her consent.

ï¿½ There must be a way for an individual to correct or amend a record of
identifiable information about him or her.

ï¿½ Any organization creating, maintaining, using, or disseminating records of
identifiable personal data must assure the reliability of the data for their
intended use and must take precautions to prevent misuse of the data.

Since the 1973 report was issued, the fair information practice principles
have been used by governmental agencies in the United States, Canada, and
Europe. Private sector organizations also have used these principles

1 Pub. L. No. 93- 579, 88 Stat, 1896 (Dec. 31, 1974) (5 U. S. C.sect. 552a). 2
Privacy Online: Fair Information Practices In the Electronic Marketplace,
Federal Trade Commission report to Congress, May 2000. Fair Information

Practice Principles

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 58 GAO/ GGD- 00- 191 Internet Privacy

voluntarily as a means of protecting personal information they have
collected. In its May 2000 Privacy Online report, FTC identified the
following core principles of privacy protection:

ï¿½ Notice: Data collectors must disclose their information practices before
collecting personal information from consumers.

ï¿½ Choice: Consumers must be given options with respect to whether and how
personal information collected from them may be used for purposes beyond
those for which the information was provided.

ï¿½ Access: Consumers should be able to view and contest the accuracy and
completeness of data collected about them.

ï¿½ Security: Data collectors must take reasonable steps to ensure that
information collected from consumers is accurate and secure from
unauthorized use. 3

In its May 2000 report, FTC surveyed commercial Web sites and applied the
above principles to them.

The Privacy Act places limitations on the collection, use, and dissemination
of personally identifiable information about an individual maintained by an
agency and contained in an agency's system of records. The Privacy Act
defines a “system of records” as any group of records under the
control of an 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. Under the act, an agency cannot
disclose any information about an individual contained in a system of
records to another person or agency without the prior consent of the
individual, unless the disclosure is authorized by law. The Privacy Act
authorizes 12 exceptions where an agency may disclose personally
identifiable information in an agency's records. For example, the act
authorizes an agency to disclose a record for a routine use, 4 pursuant to
an order of a court of competent jurisdiction, or to either House of
Congress. The Privacy Act grants individuals the right of access to agency
records pertaining to themselves; the right to amend that record if it is
inaccurate, irrelevant, untimely, or incomplete; and the right to sue the
government for violations of the act. The Privacy Act requires an agency to
inform an individual from whom it is collecting information that is to be
entered in a system of records on the form used to collect the information
or on a separate form to be retained by the individual of: (1) the authority

3 Privacy Online, p. 4. 4 The Privacy Act defines “routine use”
as the use of a record for a purpose that is compatible with the purpose for
which it was collected. The Privacy Act

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 59 GAO/ GGD- 00- 191 Internet Privacy

authorizing the solicitation of the information and whether disclosure of
such information is mandatory or voluntary, (2) the principal purpose for
which the information is intended to be used, (3) the routine uses which may
be made of the information, and (4) the effects on the individual for not
providing all or any part of the information. When an agency is establishing
or revising a system of records, it is required to publish in the Federal
Register a notice including such information as the name and location of the
system, the categories of individuals on whom records are maintained in the
system, and each routine use of the records contained in the system.

The core principles from the July 1973 Advisory Report entitled
“Records, Computers, and the Rights of Citizens” are identified
as the source for the concepts embodied in the Privacy Act of 1974. 5
Although the Privacy Act and other laws do generally reflect most of the
fair information practice principles, as discussed below, two major aspects
of the act- the system of records requirement and the statutory exceptions
for disclosure- result in differences in the application of the Privacy Act
and the fair information principles, particularly with respect to the choice
principle.

Notice is the first principle articulated in the FTC report. Under the
notice principle, data collectors must disclose their information practices
before collecting personal information from consumers. With regard to this
principle, the FTC May 2000 report states the following:

“. . . consumers should be given clear and conspicuous notice of an
entity's information practices before any personal information is collected
from them, including: identification of the entity collecting the data, the
uses to which the data will be put, and the recipients of the data; the
nature of the data collected and the means by which it is collected; whether
provision of the requested data is voluntary or required; and the steps
taken by the data collector to ensure the confidentiality, integrity and
quality of the data.” 6

Personal information subject to the fair information practice principle may
not be subject to the Privacy Act, because only personally identifiable
information that is contained in an agencies' system of records is subject
to the Privacy Act. However, for personal information contained in an
agency's system of records, the Privacy Act contains notice requirements
similar to those stated in the notice principle. As discussed above, under
the Privacy Act, an agency is required to provide notice in two situations.
An agency is required to notify an individual of specific information when

5 Personal Privacy in an Information Society: The Report of the Privacy
Protection Study Commission, July 1977, p. 501. 6 Privacy Online, p. 14.
Analysis

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 60 GAO/ GGD- 00- 191 Internet Privacy

it is collecting information, on a form, that is to be entered in a system
of records. Additionally, the Privacy Act requires an agency to publish in
the Federal Register a notice concerning the establishment or revision of
the existence and character of a system of records.

The choice principle, the second principle articulated in the FTC report,
provides that consumers must be given options with respect to whether and
how personal information collected from them may be used for purposes beyond
the use for which the information was provided. The FTC May 2000 report
states:

“Under the choice principle, data collectors must afford consumers an
opportunity to consent to secondary uses of their personal information, such
as the placement of a consumer's name on a list for marketing additional
products or the transfer of personal information to entities other than the
data collector.” 7

Under the Privacy Act, an individual is provided some choice as to whether
there will be a subsequent disclosure of his or her personally identifiable
information that is contained in an agency's system of records. In this
regard, the Privacy Act provides that an agency cannot disclose a record
contained in a system of records to any person, or to another agency,
without the prior written consent of the individual to whom the record
pertains, unless the disclosure is authorized by law. Thus, for any
disclosure not authorized by law, the Privacy Act provides an individual
with a choice as to whether his or her personal information will be
disclosed. However, with respect to any disclosure that is authorized by
law, the individual has no choice concerning an agency's authority to
disclose the individual's personally identifiable information. The act
authorizes an agency to disclose personally identifiable information
contained in an agency's system of records in the following 12 situations:

ï¿½ to those officers and employees of the agency who maintain the record and
have a need for the record in the performance of their duties;

ï¿½ if required under 5 U. S. C. sect.552 (the Freedom of Information Act);

ï¿½ for a routine use as defined in the act;

ï¿½ to the Bureau of the Census for purposes of planning or carrying out a
census, survey, or related activity pursuant to the provisions of Title 13;

7 Privacy Online, p. 15.

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 61 GAO/ GGD- 00- 191 Internet Privacy

ï¿½ 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;

ï¿½ to the National Archives and Records Administration as a record that has
sufficient historical or other value to warrant its continued preservation
by the United States Government, or by evaluation by the Archivist of the
United States to determine whether the record has such value;

ï¿½ to another agency or 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 the head of
the agency or instrumentality has made a written request to the agency
maintaining the record specifying the particular portion desired and the law
enforcement activity for which the record is sought;

ï¿½ to a person pursuant to a showing of compelling circumstances affecting
the health or safety of an individual;

ï¿½ to either House of Congress, or to the extent of matter within its
jurisdiction, any committee or subcommittee thereof, any joint committee of
Congress, or subcommittee of any such joint committee;

ï¿½ to the Comptroller General, or any of his authorized representatives, in
the course of the performance of the duties of the General Accounting
Office;

ï¿½ pursuant to an order of a court of competent jurisdiction; or

ï¿½ to a consumer reporting agency. The access principle is the third
principle articulated in the FTC report. Under this principle, access refers
to an individual's ability to both access data about him or herself- i. e.,
to view the data in an entity's file- and to contest that data's accuracy
and completeness. 8 The access principle is contained in the Privacy Act.
Under the Privacy Act, any agency that maintains a system of records is
required upon a request by an individual to allow the individual to gain
access to his or her record, to review the record, copy any or all of it,
and request an amendment of the record if it is incorrect.

8 Privacy Online p. 16.

Appendix V Comparison of Fair Information Principles to the Privacy Act and
Other Laws

Page 62 GAO/ GGD- 00- 191 Internet Privacy

Security is the last principle articulated in the FTC May 2000 report. The
FTC report describes security as a data collector's obligation to protect
personal information against unauthorized access, use or disclosure, and
loss or destruction. 9 The implementation of the security principle lies
with the data collector. The Privacy Act also contains requirements to
protect personally identifiable information contained in an agency's systems
of records. Specifically, the Privacy Act requires an agency to establish
appropriate administrative, technical, and physical safeguards to ensure the
security and confidentiality of records and to protect against anticipated
threats or hazards to their security or integrity that could result in
substantial harm, embarrassment, inconvenience, or unfairness to any
individual on whom information is maintained. The Privacy Act also requires
an agency to maintain for most systems of records an accounting of the date,
nature and purpose of each disclosure of a record, and the name and address
of the person or agency to whom the disclosure is made. 10 In addition,
other laws, such as the Paperwork Reduction Act of 1995 11 and the Computer
Security Act of 1987, 12 require agencies to protect sensitive and critical
information. Under the Paperwork Reduction Act, the Office of Management and
Budget is responsible for developing security guidance and overseeing agency
practices. Under the Computer Security Act, the National Institute of
Standards and Technology is responsible for developing technical and
providing related guidance.

The five core principles contained in a July 1973 Department of HEW Advisory
Committee Report entitled “Records, Computers, and the Rights of
Citizens” influenced the enactment of the Privacy Act of 1974.
Although the Privacy Act and other federal laws do generally contain most of
the fair information practice principles, the system of records requirement
and the statutory exceptions for disclosure in the Privacy Act result in
differences in the application between the Privacy Act and the fair
information practice principles.

9 Privacy Online: p. 18. 10 The Privacy Act exempts from the accounting
requirement those disclosures authorized by the act that are made to
officers and employees of the agency who maintain the record and have a need
for it in the performance of their duties and disclosures required by the
Freedom of Information Act. See 5 U. S. C. sect. 552a( c).

11 Pub. L. No. 104- 13, 44 U. S. C. sect. 3501 et. seq., as amended by the
Clinger- Cohen Act of 1996. 12 Pub. L. No. 100- 235; 15 U. S. C. sect.sect. 271
note, 272, 278g- 3, 278- 4, 278h; 40 U. S. C. sect. 1441. Conclusion

Appendix VI Comments From the Office of Management and Budget

Page 63 GAO/ GGD- 00- 191 Internet Privacy

See comment 2. See comment 1.

Appendix VI Comments From the Office of Management and Budget

Page 64 GAO/ GGD- 00- 191 Internet Privacy

Appendix VI Comments From the Office of Management and Budget

Page 65 GAO/ GGD- 00- 191 Internet Privacy

The following are GAO's comments on the Office of Management and Budget's
(OMB) letter.

1. Although OMB states that our report illustrates that agencies have a
virtually perfect record adopting privacy policies at major points of entry,
our review focused only on the major entry points of six selected agencies.
Thus, the results cannot be generalized to all federal agencies.

2. OMB states that all but 9 of 2,692 Web pages that agencies considered to
be major entry points had privacy policies posted. However, we did not
review all the Web pages identified by all six agencies as major entry
points. As we point out in our report, although we reviewed all the major
entry points identified by 5 of the agencies, we reviewed only a sample of
59 of the 2,401 Web pages identified by the Department of Defense. We
estimate that if there are any major entry points at the Department of
Defense without privacy policies posted, the number does not exceed 5
percent of all the Department's major entry points. Thus, there could be as
many as 120 Web pages that do not have privacy policies posted. GAO Comments

Appendix VII GAO Contacts and Staff Acknowledgments

Page 66 GAO/ GGD- 00- 191 Internet Privacy

Michael Brostek (202) 512- 8676 Linda J. Libician (214) 777- 5709 In
addition to the individuals named above, Judith Collins, Susan MichalSmith,
David Plocher, James Rose, Kiki Theodoropoulos, James W. Turkett, and Leigh
White, made key contributions to this report. GAO Contacts

Acknowledgments

Page 67 GAO/ GGD- 00- 191 Internet Privacy

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