2 the end of paragraph (11) of such subsection and inserting 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, recorded, or otherwise examined, by such agency, or any officer or employee thereof, without a search warrant, or without the consent of both the sender and receiver; or the occupant, resident, or owner of any premises or vehicle which was the subject of any search, physical intrusion, or other trespass, by such agency, or any officer or employee thereof, without a search warrant, or without the consent of such person; "(B) the subject of a file or named in an index created, maintained, or disseminated by such agency, or any officer or employee thereof, in connection with an operation or program known as CHAOS, which operation or program is described in the report, dated June 1975, to the President by the Commission on CIA Activities Within the United States; "(C) the subject of a file or named in an index 1 2 3 4 5 67 8 9 10 11 12 13 3+ 14 15 16 17 18 19 20 3 created, maintained, or disseminated by such agency, or any officer or employee thereof, in connection with an operation or program known as "Counterintelligence Program" or "COINTELPRO", which operation or program is described in the Statement of Hon. William B. Saxbe, and the hearings of Subcommittee of the House Judiciary Committee on November 20, 1974; "(D) the subject of a file or named in an index created, maintained, or disseminated by such agency, or any officer or employee thereof, in connection with an operation or program of the Internal Revenue Service known as "The Special Service Staff", which operation or program is described in the Joint Committee on Internal Revenue Taxation Committee Print entitled "Investigation of the Special Service Staff of the Internal Revenue Service" dated June 5, 1975; that he, she, or it is or was such a person, provide each such person with a clear and concise statement of such 21 person's rights under this section and section 552 of this 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.". 1 2 3 4 5 6 7 8 4 (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 tion; and (5) by striking out paragraph (3) of subsection (k) and redesignating the following paragraphs accordingly. 94TH CONGRESS H. R. 169 IN THE HOUSE OF REPRESENTATIVES JANUARY 14, 1975 Ms. ABZUG introduced the following bill; which was referred to the Committee on Government Operations 1 A BILL To amend the Privacy Act of 1974. Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That section 3 of the Privacy Act of 1974 (5 U.S.C. 552a) 4 is amended: 5 (a) by striking out subsection (d) (2) (B) (i) and inserting in lieu thereof: "correct, expunge, update, or supplement any portion thereof which the individual 6 7 8 9 believes is not accurate, relevant, legally maintained, timely, or complete; or"; 10 11 (b) by striking all of subsection (j) (1); and (c) by striking all of subsection (k) (3). 78-638 - 77 - 2 Public Law 93-579 93rd Congress, S. 3418 December 31, 1974 An Act To amend title 5, United States Code, by adding a section 552a to safeguard individua! privacy from the misuse of Federal records, to provide that individuals be granted access to records concerning them which are maintained by Federal agencies, to establish a Privacy Protection Study Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Privacy Act be cited as the "Privacy Act of 1974". SEC. 2. (a) The Congress finds that- (1) the privacy of an individual is directly affected by the collection, maintenance, use, and dissemination of personal information by Federal agencies; (2) the increasing use of computers and sophisticated information technology, while essential to the efficient operations of the Government, has greatly magnified the harm to individual privacy that can occur from any collection, maintenance, use, or dissemination of personal information; (3) the opportunities for an individual to secure employment. insurance, and credit, and his right to due process, and other legal protections are endangered by the misuse of certain information systems: (4) the right to privacy is a personal and fundamental right protected by the Constitution of the United States; and of 1974. Congressional 5 USC 552a note. (5) in order to protect the privacy of individuals identified in information systems maintained by Federal agencies, it is necessary and proper for the Congress to regulate the collection, maintenance, use, and dissemination of information by such agencies. (b) The purpose of this Act is to provide certain safeguards for an Statement of 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) permit an individual to prevent records pertaining to him obtained by such agencies for a particular purpose from being used or made available for another purpose without his consent; (3) permit an individual to gain access to information pertaining to him 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 disseminate 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 individual's rights under this Act. 88 STAT. 1896 SEC. 3. Title 5, United States Code, is amended by adding after 88 STAT. 1897 section 552 the following new section : |