======================================================================= [4] GAO Releases Report on Government Use of Personal Information =======================================================================
The United States General Accounting Office (GAO) recently released a report prepared for the Senate Committee on Governmental Affairs that reviews how selected agencies handle personal information provided by members of the public to obtain government services. The report examines in detail how personal information collected through four representative forms (from four different federal agencies) was treated, and whether requirements under the Privacy Act and the Computer Matching Act were appropriately followed. The four forms were the Education Department's student aid request form, the Department of Agriculture's standard loan form for farmers, the Department of Labor's federal worker's compensation form, and a passport application from the State Department. The report concludes that, "Overall, agencies collected a substantial amount of personal information of a wide variety of types, including personal[ly] identifying information (names and Social Security numbers) and demographic, financial, and legal data." It found that the procedures for handling personal information collected were complex, involving numerous processes, and that a wide range of personnel has access to the information. In addition, the personal information collected was shared extensively with other government entities, private individuals, and organizations following "authorized procedures."
The Department of Education's Free Application for Federal Student Aid (FAFSA), filled out by a large number of students every year, is one example of personal information being widely shared among different agencies and entities under the "routine use" exemption of the Privacy Act. For example, the Education Department gives information on financial aid applicants to the Justice Department to see if they have been convicted of any drug-related offenses; to the Department of Veterans Affairs to check a veteran's eligibility status for student aid; to the Selective Service System to make sure a male applicant has registered for the draft; and to the Immigration and Naturalization Service to see if an applicant is eligible for federal benefits. If an applicant is delinquent on a federal loan, the application information is sent to a private collection bureau. The Education Department also sends the student's personal financial information to state agencies to coordinate student aid. To qualify as a routine use, the agency simply has to announce the use in the Federal Register.
A review of the report reinforces the need for more substantive privacy practices beyond the formal notice requirements of the Privacy Act of 1974 and the Computer Matching Act of 1988. The bi-partisan Federal Agency Protection of Privacy bill (H.R. 4561), which passed the House and is currently pending in the Senate, would require agencies to conduct privacy impact analyses before and after passing regulations concerning personal information. Commentators have also suggested bringing the Privacy Act up-to-date to cover the new and more intrusive types of information sharing and collection conducted by federal agencies.
GAO Report, "Selected Agencies' Handling of Personal Information," available at:
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