What law establishes the federal government’s legal responsibility for safeguarding PII

In this guide, we will discuss a frequently debated question on crowdsourced Q&A platforms: “What law establishes the federal government’s legal responsibility for safeguarding PII?” This question appears in various trainings and certifications like Security+, CISA, and CISSP, especially those focused on PII and the Privacy Act. Let’s get started.

What law establishes the federal government’s legal responsibility for safeguarding PII?

(A) OMB Memorandum M-12-12: Preparing for and Responding to a Breach of Personally Identifiable Information

(B) DoD 5400.11-R: DoD Privacy Program

(C) The Privacy Act of 1974

(D) The Freedom of Information Act (FOIA)

• The correct part is 3rd one: (C) The Privacy Act of 1974

Important Note: PII (Personally Identifiable Information) refers to data that can identify an individual, such as name, address, email, or Social Security number. It must be protected to prevent identity theft and privacy violations.

Key Details of The Privacy Act of 1974

The primary law establishing the federal government’s legal responsibility for safeguarding Personally Identifiable Information (PII) is the Privacy Act of 1974 (5 U.S.C. § 552a). The Privacy Act of 1974 (5 U.S.C. § 552a) governs how federal agencies collect, maintain, use, and disseminate PII. It requires agencies to:

• Collect only relevant information, necessary for their functions.
• Safeguard the data to prevent unauthorized disclosures.
• Permit individuals to access and modify their records.

Important Note: The symbol “§” in the Privacy Act of 1974 (5 U.S.C. § 552a) is simply a legal shorthand to indicate a specific section of a law. It does not change the meaning of the law itself

Why the Privacy Act of 1974 (5 U.S.C. § 552a) is central?

Fair Information Practices

The Privacy Act mandates a code of “fair information practices” that controls how federal agencies collect, maintain, use, and share personal information.

Individual Rights

It grants individuals rights concerning their records, including the right to access and update their information, and to be protected against unwarranted disclosures.   

Agency Responsibilities

The Act places specific responsibilities on federal agencies to ensure the accuracy, relevance, timeliness, and completeness of the PII they maintain and to safeguard it from unauthorized access, use, or disclosure.

System of Records

It regulates the creation and maintenance of “systems of records, ” these refer to collections of records under an agency’s authority, structured to allow retrieval of information of a specific individual through their name or another assigned identifier, such as a number or symbol.

Other Laws & Policies

In addition to the Privacy Act, other laws and policies reinforce the federal government’s responsibilities:

E-Government Act of 2002 (Pub. L. 107-347)

This act includes provisions aimed at enhancing the privacy protections related to the collection and use of personal information in the electronic context. It mandates Privacy Impact Assessments (PIAs) for federal information systems that collect, maintain, or disseminate PII and requires agencies to have publicly available privacy policies.   

OMB Circular A-130: Managing Information as a Strategic Resource

This circular provides a comprehensive policy for managing federal information resources, including significant sections on privacy and security. It emphasizes a risk-based approach to protecting PII throughout its lifecycle and assigns responsibilities to agencies and senior officials for privacy.   

Federal Information Security Modernization Act of 2014 (FISMA)

While primarily focused on information security, FISMA also has implications for safeguarding PII by requiring federal agencies to develop, implement, and maintain security policies and practices to protect the confidentiality, integrity, and availability of their information, including PII.
In summary, the Privacy Act of 1974 is the foundational law establishing the federal government’s legal responsibility for safeguarding PII, with the E-Government Act of 2002 and OMB Circular A-130 providing further guidance and requirements in the digital age. FISMA complements these by focusing on the security aspects of protecting federal information, including PII.

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