Computer Matching and Privacy Protection Act of 1988
| Computer Matching and Privacy Protection Act of 1988 | |
|---|---|
| Short Title | Computer Matching and Privacy Protection Act of 1988 |
| Official Text | Computer Matching and Privacy Protection Act of 1988 |
| Country/Jurisdiction | United States |
| State or Province | |
| Regulatory Bodies | |
| Date Enacted | 1988/10/18 |
| Scope of the Law | Individuals |
| Information | |
| Taxonomy | Disclosure, Identification, Insecurity |
| Strategies | |
Computer Matching and Privacy Protection Act of 1988 amends title 5 of the United States Code. The Act ensures privacy, integrity, and verification of data disclosed for computer matching. Besides, it ensures the Comptroller General to monitor or access all records of a recipient agency or a non-Federal agency when it is necessary.
Text of the law
SEC. 2. MATCHING AGREEMENTS.
Section 552a of title 5, United States Code, is amended—
(1) by redesignating subsections (o), (p), and (q) as subsections (r), (s), and (t), respectively, and
(2) by inserting after subsection (n) the following new subsections: "(o) MATCHING AGREEMENTS.—
(1) No record which is contained in a system of records may be disclosed to a recipient agency or nonFederal agency for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying— Disclosure
"(A) the purpose and legal authority for conducting the program;
"(B) the justification for the program and the anticipated results, including a specific estimate of any savings;
"(C) a description of the records that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program;
"(D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to—
"(i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and
"(ii) applicants for and holders of positions as Federal personnel, that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs; Identification, Insecurity
"(E) procedures for verifying information produced in such
matching program as required by subsection (p);
"(F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program;
"(G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such programs;
"(H) prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient agency or the non-Federal agency, except where required by law or essential to the conduct of the matching program;
"(I) procedures governing the use by a recipient agency or non-Federal agency of records provided in a matching program by a source agency, including procedures governing return of the records to the source agency or destruction of records used in such program;
"(J) information on assessments that have been made on the accuracy of the records that will be used in such matching program; and
"(K) that the Comptroller General may have access to all records of a recipient agency or a non-Federal agency that the Comptroller General deems necessary in order to monitor or verify compliance with the agreement. Insecurity
"(2)(A) A copy of each agreement entered into pursuant to paragraph (1) shall—
"(i) be transmitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Operations of the House of Representatives; and
"(ii) be available upon request to the public.
"(B) No such agreement shall be effective until 30 days after the date on which such a copy is transmitted pursuant to subparagraph (A)(i).
"(C) Such an agreement shall remain in effect only for such period, not to exceed 18 months, as the Data Integrity Board of the agency determines is appropriate in light of the purposes, and length of time necessary for the conduct, of the matching program.
"(D) Within 3 months prior to the expiration of such an agreement pursuant to subparagraph (C), the Data Integrity Board of the agency may, without additional review, renew the matching agreement for a current, ongoing matching program for not more than one additional year if—
"(i) such program will be conducted without any change; and
"(ii) each party to the agreement certifies to the Board in writing that the program has been conducted in compliance with the agreement.
"(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—
(1) In order to protect any individual whose records are used in matching programs, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual as a result of information produced by such matching programs, until an officer or employee of such agency has independently verified such information. Such independent verification may be satisfied by verification in accordance with (A) the requirements of paragraph (2); and (B) any additional requirements governing verification under such Federal benefit program. Insecurity
"(2) Independent verification referred to in paragraph (1) requires
independent investigation and confirmation of any information used
as a basis for an adverse action against an individual including,
where applicable—
"(A) the amount of the asset or income involved,
"(B) whether such individual actually has or had access to such asset or income for such individual's own use, and
"(C) the period or periods when the individual actually had such asset or income.
"(3) No recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial Eissistance or payment under a Federal benefit program to any individual described in paragraph (1), or take other adverse action against such individual as a result of information produced by a matching program, (A) unless such individual has received notice from such agency containing a statement of its findings and informing the individual of the opportunity to contest such findings, and (B) until the subsequent expiration of buy notice period provided by the program's law or regulations, or 30 days, whichever is later. Such opportunity to contest may be satisfied by notice, hearing, and appeal rights governing such Federal benefit program. The exercise of any such rights shall not affect any rights available under this section.
"(4) Notwithstanding paragraph (3), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency determines that the public health or public safety may be adversely affected or significantly threatened during the notice period required by such paragraph.
"(q) SANCTIONS.—
(1) Notwithstanding any other provision of law, no source agency may disclose any record which is contained in a system of records to a recipient agency or non-Federal agency for a matching program if such source agency has reason to believe that the requirements of subsection (p), or any matching agreement entered into pursuant to subsection (o), or both, are not being met by such recipient agency.
"(2) No source agency may renew a matching agreement unless—
"(A) the recipient agency or non-Federal agency has certified that it has complied with the provisions of that agreement; find
"(B) the source agency has no reason to believe that the certification is inaccurate.".
SEC. 9. RULES OF CONSTRUCTION.
Nothing in the amendments made by this Act shall be construed to authorize—
(1) the establishment or maintenance by any agency of a national data bank that combines, merges, or links information on individuals maintained in systems of records by other Federal agencies;
(2) the direct linking of computerized systems of records maintained by Federal agencies;
(3) the computer matching of records not otherwise authorized by law; or
(4) the disclosure of records for computer matching except to a Federal, State, or local agency.
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