    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [May 14, 1998]
    [Pages 759-760]
    [From the U.S. Government Publishing Office www.gpo.gov]

    [[Page 759]]

    Memorandum on Privacy and Personal Information in Federal Records
    May 14, 1998

    Memorandum for the Heads of Executive Departments and Agencies

    Subject: Privacy and Personal Information in Federal Records

        Privacy is a cherished American value, closely linked to our
    concepts of personal freedom and well-being. At the same time,
    fundamental principles such as those underlying the First Amendment,
    perhaps the most important hallmark of American democracy, protect the
    free flow of information in our society.
        The Federal Government requires appropriate information about its
    citizens to carry out its diverse missions mandated by the Constitution
    and laws of the United States. Long mindful of the potential for misuse
    of Federal records on individuals, the United States has adopted a
    comprehensive approach to limiting the Government's collection, use, and
    disclosure of personal information. Protections afforded such
    information include the Privacy Act of 1974, the Computer Matching and
    Privacy Protection Act of 1988, the Paperwork Reduction Act of 1995, and
    the Principles for Providing and Using Personal Information (``Privacy
    Principles''), published by the Information Infrastructure Task Force on
    June 6, 1995, and available from the Department of Commerce.
        Increased computerization of Federal records permits this
    information to be used and analyzed in ways that could diminish
    individual privacy in the absence of additional safeguards. As
    development and implementation of new information technologies create
    new possibilities for the management of personal information, it is
    appropriate to reexamine the Federal Government's role in promoting the
    interests of a democratic society in personal privacy and the free flow
    of information. Accordingly, I hereby direct the heads of executive
    departments and agencies (``agencies'') as follows:
        It shall be the policy of the executive branch that agencies shall:
          (a) assure that their use of new information technologies sustain,
            and do not erode, the protections provided in all statutes
            relating to agency use, collection, and disclosure of personal
            information;
          (b) assure that personal information contained in Privacy Act
            systems of records be handled in full compliance with fair
            information practices as set out in the Privacy Act of 1974;
          (c) evaluate legislative proposals involving collection, use, and
            disclosure of personal information by the Federal Government for
            consistency with the Privacy Act of 1974; and
          (d) evaluate legislative proposals involving the collection, use,
            and disclosure of personal information by any entity, public or
            private, for consistency with the Privacy Principles.
        To carry out this memorandum, agency heads shall:
          (a) within 30 days of the date of this memorandum, designate a
            senior official within the agency to assume primary
            responsibility for privacy policy;
          (b) within 1 year of the date of this memorandum, conduct a
            thorough review of their Privacy Act systems of records in
            accordance with instructions to be issued by the Office of
            Management and Budget (``OMB''). Agencies should, in particular:
                (1) review systems of records notices for accuracy and
                completeness, paying special attention to changes in
                technology, function, and organization that may have made
                the notices out of date, and review routine use disclosures
                under 5 U.S.C. 552a(b)(3) to ensure they continue to be
                necessary and compatible with the purpose for which the
                information was collected;
                (2) identify any systems of records that may not have been
                described in a published notice, paying special attention to
                Internet and other electronic communications activities that
                may involve the collection, use, or disclosure of personal
                information;
          (c) where appropriate, promptly publish notice in the Federal
            Register to add or amend any systems of records, in accordance
            with the procedures in OMB Circular A-130, Appendix I;

    [[Page 760]]

          (d) conduct a review of agency practices regarding collection or
            disclosure of personal information in systems of records between
            the agency and State, local, and tribal governments in
            accordance with instructions to be issued by OMB; and
          (e) within 1 year of the date of this memorandum, report to the
            OMB on the results of the foregoing reviews in accordance with
            instructions to be issued by OMB.
        The Director of the OMB shall:
          (a) issue instructions to heads of agencies on conducting and
            reporting on the systems of record reviews required by this
            memorandum;
          (b) after considering the agency reports required by this
            memorandum, issue a summary of the results of the agency
            reports; and
          (c) issue guidance on agency disclosure of personal information
            via the routine use exception to the Privacy Act (5 U.S.C.
            552a(b)(3)), including sharing of data by agencies with State,
            local, and tribal governments.
        This memorandum is intended only to improve the internal management
    of the executive branch and does not create any right or benefit,
    substantive or procedural, enforceable at law or equity by a party
    against the United States, its agencies or instrumentalities, its
    officers or employees, or any other person.

                                                          William J. Clinton