The E-Privacy Act Amendments of 2009

A Bill

To amend section 552 of title 5a, United States Code, popularly known as the Privacy Act, the E-Government Act and related statutes to protect the privacy of personal information and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title

This Act may be cited as the 'Electronic Privacy Act Amendments of 2009.'

Section 2. Findings and Purposes

(a) FINDINGS - The Congress finds that--

1. the purpose of section 552 of title 5a, United States Code, popularly known as the Privacy Act, and related law and policy, is to provide certain safeguards for an individual against an invasion of personal privacy;
2. since the enactment of the Privacy Act in 1974 and Section 208 of the E-Government Act in 2002 and related law and policy have been a valuable means through which any person can learn how the Federal Government utilizes their personal information;

3. the Privacy Act in 1974 and Section 208 of the E-Government Act in 2002 privacy policy has ensured that the Federal government utilize the information in a means that helps protect a citizens constitutional right to privacy and unwarranted invasions into the private lives of the public;

4. government agencies increasingly use complex databases and related software tools to conduct agency business and to store personal information of individuals; and

5. in order to protect the privacy of individuals in information systems maintained by federal agencies, it is necessary to ensure that US privacy policy keeps up with technical advances.

(b) PURPOSES - The purposes of this Act are to--

1. create and sustain privacy leadership in the federal government;
2. ensure that agencies 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 the misuse of such information;

3. permit exemptions from such requirements with respect to records provided only in cases where there is an important public policy need for such exemption as has been determined by specific statutory authority;
4. ensure that the civil protections afforded to individuals include the ability to recover damages in cases where emotional damages are clear when a willful or intentional action has occurred that violates individual rights under the Privacy Act; and
5. ensure that agencies are disclosing information about their information collection practices in a timely and meaningful manner.