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the end of paragraph (11) of such subsection and insert

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ing in lieu thereof "; and", and by inserting immediately
thereafter the following new paragraph:
“(12) inform each person who was

“(A) the sender or receiver of any written communication, or communication by wire, cable, radio, or other means which was intercepted, re

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corded, or otherwise examined, by such agency, or

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1

created, maintained, or disseminated by such agency,

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3

or any officer or employee thereof, in connection with an operation or program known as "Counterintelligence Program" or "COINTELPRO", which

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operation or program is described in the Statement

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that he, she, or it is or was such a person, provide each

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such
person

with a clear and concise statement of such

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person's rights under this section and section 552 of this

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title, and provide each such person with the option of requiring that agency to destroy each copy of such file or index in its possession.”.

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(3) by striking out " (e) (6), (7), (9), (10), and (11)” in subsection (j) and inserting in lieu thereof “(e) (6), (7), (9), (10), (11), and (12)”;

(4) by striking out paragraph (1) of such subsec

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tion; and

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(5) by striking out paragraph (3) of subsection (k) and redesignating the followiny paragraphs accordingly.

8

94TH CONGRESS

1st SESSION

H. R. 169

IN THE HOUSE OF REPRESENTATIVES

JANUARY 14, 1975 Ms. Arzug introduced the following bill; which was referred to the Com

mittee on Government Operations

A BILL
To amend the Privacy Act of 1974.
Be it enacted by the Senate and House of Representa-

1

2 tives of the United States of America in Congress assembled,

3 That section 3 of the Privacy Act of 1974 (ö U.S.C. 552a) 4 is amended: 5

(a) by striking out subsection (d) (2) (B) (i) and

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inserting in lieu thereof: "correct, expunge, update, or

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supplement any portion thereof which the individual

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believes is not accurate, relevant, legally maintained,
timely, or complete; or”;

(b) by striking all of subsection (j) (1); and
(c) by striking all of subsection (k) (3).

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To amend title 5, United States Code, by adding is section 552a to safeguard

individual privacy from the misuse of Federal records, to provide that individuals le granted access to records concerning them which are niaintained by Federal agencies, to establish a l'rivacy Protection Study Commission, and for other purposes.

of 1974.
5 USC 552a

5 USC 552a

Statement of

Be it charted by the Senate and llouse of Representatives of the United States of America in Congress assembled, That this Act may Privacy Act be cited as the “Privacy Ict of 1974". SEC. 2. (a) The ('ongress finds that -

note. (1) the privacy of an individual is directly affected by the Congressional collection, maintenance, use, and dissemination of personal infor- findings. mation by Federal agencies;

(2) the increasing rise of computers and sophisticated infor- note. mation technology, while essential to their efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, ise, or dissemination of personal information ;

(33) the opportunities for an individual to secure employment. insurance, and credit, and his right to due process, and other legal protections are endangered lov ile misuse of certain information systems:

(4) the right to privacy is il personal and fundamental right protected by the Constitution of the United States; and

(5) in order to protect the privacy of individuals identified in information systemis maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, rise, and dissemination of information by such agencies. (b) The purpose of this Art is to provirle certain safeguards for an individual against an invasion of personal privacy by requiring purpose. Federal agencies, except as otherwise provided by law, to

(1) permit an individual to determine what records pertaining to him are collected, maintained, used, or disseminated by such agencies;

(2) permiit an individual to prevent records pertaining to him obtained by such ingencies for a particular purpose from being lised or made available for another purpose without his consent;

(3) permit an individual to gain access to information pertaining to vim in Federal agency records, to have a copy made of all or any portion thereof, and to correct or amend such records:

(4) collect, maintain, use, or disseninate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is current and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information;

(5) permit exemptions from the requirements with respect to records provided in this Act only in those cases where there is an important public policy need for such exemption as has been determined by specific statutory authority; and

(6) be subject to civil suit for any damages which occur as a result of willful or intentional action which violates any indi

vidual's rights under this Ict. Sec. 3. Title 5, United States Coole, is amended by adding after de stat. 1897 section 552 the following new section :