DECEASED INDIVIDUALS DO NOT HAVE ANY PRIVACY ACT RIGHTS, NOR DO EXECUTORS OR NEXT-OF -KIN. See.OMB guidelines , 40 Fed. Reg 28,948 ,28,951 (July 1975)see also Monk v Teeter No. 89.16333,1992 1681,at *2WL (9th Cir. Jan 8. 1992) Crumpton v United States 843 F. Supp. 751,756 (D.D.C.1994) aff'd on other grounds sub mom. Crumpton V. Stone 59 F.3d )DC CIR 1995.
Your attention please. This site is about losing control to "corporate" and maintaining our privacy and identifying deceptive advertising. This is NOT a political site. This is the information age, literally. Your personal information is coveted by "corporate" and they will bend any rules to get it. The following twelve exceptions are to illustrate a point.
Before you enter or browse any web site, 99% of all sites and advertising have terms and conditions attached that bind the viewer before looking or browsing a web site. In the majority of these ad',s and sites, the claim is made "allowable by law" What that means exactly no one knows. The privacy act and the FOIA (freedom of information act) are two different things. None the less corporate uses deception in their terminology in order to placate the consumer.
Researching the Privacy act is a never ending chore. There are hundreds and hundres of page's and thousand upon thousand's of citations.
The following is an overview of an overview of the Privacy Act of 2004. The following is an ultra condensed version and is self explanatory. Note # 12 below.
OVERVIEW OF THE PRIVACY ACT OF 1974, 2004 EDITION
"No agency shall disclose any record which is contained in a system of records by any means of communication to any person or to another agency, except pursuant to a written request by, or with prior written consent of, the individual whom the record pertains {subject to 12 exceptions}
A "disclosure" can be any means of communication --written, oral, electronic, or mechanical. See OMB Guidelines 40 Fed reg28,948.......A plaintiff has the burden of demonstratin that a disclosure by the agency has occurred. .......It has frequently beeen held that a "disclosure" under the Privacy Act does not occur if the comunication is to a person who is already aware of the inforation . See, e.g.Quinnn v.Stone 978 F.2d 126,134........
TWELVE EXCEPTIONS TO THE "NO DISCLOSURE WITHOUT CONSENT' RULE
Note that with the exeption of disclosures under subsection (b)(2) (see the discussion below), disclosures under the following exceptions are permissive, not mandatory. See OMB guidelines, 40 Fed. Reg at 28,953..........
#1 5 U.S.C.:552a(b)(1) ("need to know" within agency)
"to those officers and employees of the agency whih maintains the record who have a need for the record and the perforance of thier duties.
#2 5 U.S.C. :552 a(b)(2) (required FOIA disclosue)
"required under section 552 of this title" The point of this exception is that the Privacy Act never prohibits a disclosure that the Freedom of Information Act actually requires. See Bentree v. States Customs Serv., 674 F2d, 74,79 Cir 19.........
#3 5 U.S.C. : 552a (b)(3)(routine uses)
"for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4) (D) . subsection (e) (4)(D) requires Federal Register publication of "each routine use of the records contained in teh system, including the categories of users and the purpose of such use". Subsection (a)(7) defines the term "routine use" to mean "with respect to the disclosure of a recored, the use of such record for a purpose which is compatable with the purpose for which it was collected".
#4 5 U.S.C. : a(b) (4) (Bureau of the Census)
" to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13"
# 5 5. U.S.C. :a(b)(5) (statistical research)
"to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable"
# 6 5 U.S.C. : 552a (b)(6) (National Archives)
"to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has value"
# 7 5 U.S.C. :552a(b)(7) (law enforcement request)
"to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is aurhotized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought".
#8 5 U.S.C. :552a(b) (8) (health or safety of an individual)
"to a person pursuant to a showing of compelling circumstances affection the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual.
# 9 5 U.S.C. :552a(b)(9) (Congress)
"to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof , any joint cmmittee of Congress or subcommittee of any such joint committee"
#10 5 U.S.C. :552a(b)(11) (court order)
"to the Comprtoller General, or any of his authorized representatives, in the course of the performance of the duties of the General Accounting Office"
#11 5 U.S. C. :a(b)(11) (court order)
"pursuant to the order of a court of competent jurisdiction"
This disclosure (number 12) exception was added to the original eleven exceptions by the "Debt Collection Act of 1982". It authorizes agencies to disclose bad-debt information to credit bureaus. Before doing so , however, agenices MUST complete a series of due process steps designed to validate the debt and to offer the individual an opportunity to repay it . See OMB Guidelines, 48 Fed.Reg. 15,556-60 (Apr, 11, 1983
# 12 5U.S.C. :552:a(b)(12) (Debt Colletion Act)
"to a consumer reporting agency in accordance with section 3711(e) of Title 31.
Addendum: Mailing Lists: "An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public" 5 U.S.C.:552a(n)
The point is the consumer is being manipulated, abused and lied to by deceptive advertising practices. (see "take Action" on this site)
For more info http://www.usdoj.gov/oip/1974condis.htm
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