The Privacy Act of 1974 is a federal law that is set forth in
Title 5, Section 552a, of the United States Code (5 U.S.C.552a), as
amended.[DON]
The Freedom of Information Act (FOIA) became law in 1966. It allows any
person to request access to federal records or information. SBA must
provide this information unless it is not allowed under the law
(exempt). Read the list of exemptions to find out if this applies to what you are looking for. [GRIG] (BUSH/AMERICANS/ETC.)(DRAFT) [GVAR-WSS] (DRAFT)
The Privacy Act of 1974 is a federal law that is set forth in
Title 5, Section 552a, of the United States Code (5 U.S.C.552a), as
amended.
Introduction to the Privacy Act
The
purpose of the Privacy Act is to balance the government’s need to
maintain information about individuals with the rights of individuals to
be protected against unwarranted invasions of their privacy resulting
from the collection, maintenance, use, and disclosure of personal
information. In general, the Privacy Act focuses on four basic policy
objectives:
To restrict disclosure of personally identifiable records maintained by agencies
To grant individuals increased rights of access to agency records maintained on them
To grant individuals the right to seek amendment of agency records
maintained on them upon showing that the records are not accurate,
relevant, timely, or complete
To establish a code of “fair information practices” which requires
agencies to comply with statutory norms for collection, maintenance, and
dissemination of records
The Privacy Act applies only to U.S. citizens and aliens who are
lawfully admitted for permanent residence in the United States. It
applies only to personal information maintained by agencies in the
executive branch of the federal government.
System of Records Notices (SORNs)
The
Privacy Act pertains only to information that is maintained in a
“system of records,” which the Act defines as a group of
agency-controlled records from which information is retrieved by a
unique identifier, such as an individual’s name, date of birth, social
security number, or employee identification number. The Privacy Act
further defines a “record” as any individually identifiable set of
information that an agency might maintain about a person. Such records
may include a wide variety of personal information including, but not
limited to, information about education, financial transactions, medical
history, criminal history, or employment history. However, the Privacy
Act explicitly states that agencies may not maintain information about
how individuals exercise their First Amendment rights, unless
maintenance of that information is specifically authorized by statute,
by the individual about whom the record is maintained, or relates to a
law enforcement activity.
further expands the matching of records established in the Privacy
Act. Federal agencies are required to enter into written agreements
with other agencies before disclosing records for use in the computer
matching programs. Matching must be done with at least two automated
systems and excludes certain programs and conditions.
SBA conducts assessments of all new and revised information systems. These Privacy Impact Assessments detail how SBA addresses privacy concerns and safeguards information.
Exemptions to the Privacy Act
There are two general and seven specific exemptions in the Privacy Act. The two general exemptions cover:
All records maintained by the Central Intelligence Agency (not applicable to SBA)
Selected records maintained by an agency or component thereof which
performs as its principal functions any activity pertaining to the
enforcement of criminal laws (only used by SBA’s Office of the Inspector
General)
In addition, the Privacy Act provides seven specific exemptions:
Information that is properly classified in the interest of national defense or foreign policy.
Investigatory material compiled for law enforcement purposes not
covered by the general exemptions. The specific law enforcement
exemption is limited when—as a result of the maintenance of the records —
an individual is denied any right, privilege, or benefit to which he or
she would be entitled by federal law or for which he or she would
otherwise be entitled. In such cases, disclosure is required except
where it would reveal the identity of a confidential source who
furnished information to the government under an express promise that
the identity of the source would be held in confidence.
Information maintained in connection with providing protective
services to the President of the United States or other individuals who
receive protection from the Secret Service.
Information required by statute to be maintained and used solely as statistical records.
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information, but only to the extent that the disclosure of
such material would reveal the identity of a source who furnished
information to the government under an express promise that the identity
of the source would be held in confidence.
Testing or examination material used solely to determine individual
qualifications for appointment or promotion in the Federal Service, but
only to the extent that the disclosure of such material would compromise
the objectivity or fairness of the testing or examination process.
Evaluation material used to determine potential for promotion in the
armed services, but only to the extent that the disclosure of such
material would reveal the identity of a source who furnished information
to the government under an express promise that the identity of the
source would be held in confidence.
File a privacy complaint
We
take your privacy seriously and have created a process by which you can
formally file a complaint with our Chief Privacy Officer.
Privacy complaints we can help with
We accept written complaints about:
How SBA collects or uses personal information
How, when, and with whom SBA shares personal information
The type(s) and/or amount of personal information SBA collects
Any other concern(s) you may have about how SBA handles personal information and/or its impact(s) on personal privacy
Complaints about the privacy of a business entity, a
corporation, or any entity other than a person are not covered by our
privacy complaint procedures.
Please keep in mind that Privacy Act requests for access, amendment,
or correction are not privacy complaints – filing a complaint does not
negate or replace your right to seek judicial relief under the Privacy
Act or other federal laws for violations of individual privacy rights.
Submit a privacy complaint
To submit a complaint, you can write a letter that includes:
Your name
A summary of your complaint or a written description of the specific circumstances
A summary of other steps taken, if any, by you or SBA to resolve this complaint
A preferred method of contact about your complaint — a mailing address, telephone number, email address or fax number
U.S. Small Business Administration
Attention: Privacy Officer
409 3rd St., S.W. Fourth floor
Washington, DC 20416
Evaluation procedure
We will send you an acknowledgement letter within five business days
of our receipt of your complaint. We will review and categorize the
complaint as: Process and procedural, redress, operational or referral
(we will refer it to the right office or federal agency if we’re not the
right ones to address the issue).
The Chief Privacy Officer will recommend any necessary actions in
response to the complaint. We’ll let you know once your complaint is
closed and, in general, include what, if any, action we’re taking in
response to the complaint.
Our goal is to review and close complaints within 20 business days.
For complaints that we’ll need more than the normal time to close, we’ll
contact you to give a status update.
Contact privacy officials
Contact Steve Kucharski, SBA's Chief Information Officer and Senior Agency Official for Privacy by email at privacyofficer@sba.gov
or regular mail at:
U.S. Small Business Administration
Attention: Privacy Officer
409 3rd St. SW, Fourth floor
Washington, DC 20416
The Freedom of Information Act (FOIA) became law in 1966. It allows any
person to request access to federal records or information. SBA must
provide this information unless it is not allowed under the law
(exempt). Read the list of exemptions to find out if this applies to what you are looking for.
As a public service, SBA may provide links to other organizations that provide information of benefit to small businesses.
External links
External links do not constitute an SBA endorsement of the opinions,
products or services presented on the external site, or of any sites
linked to it.
External links are intended to support SBA’s mission. They are not
intended to support private or commercial organizations or businesses.
Links to .org, .gov, .edu, .mil, or other domains that provide small
business information related to SBA’s mission are permitted when they
are non-commercial and contain information in the public interest. These
sites include:
Organizations engaged in a formal partnership, strategic
alliance, or cooperative agreement with SBA, such as SBA Resource
Partners and co-sponsors (if to a cosponsor, the link must be to page or
website specific to the cosponsored activity)
Federal, state, local, Tribal, and Territorial government agencies
In press releases only: News media articles where SBA officials, in their official capacity, or SBA programs are mentioned
Reviewed on a case-by-case basis: Small business-related trade
associations or educational institutions that provide authoritative
information
SBA.gov staff evaluates all suggested links using the following criteria:
Is the linked website an official government-owned or supported website?
Does the linked website provide official government information or services?
Does the linked website complement existing information, products and services on SBA.gov?
Is the linked website accessible and applicable to a wide audience?
Is the linked website's content relevant, useful, and authoritative for citizens, businesses, and/or government officials?
Does the linked website's information appear to be accurate and current?
Does the information duplicate anything that already exists on the site?
Does use of the linked website require registration, and if so, is
its approach to the collection of personal information consistent with SBA’s privacy and security policies?
Is the linked website user-friendly?
For links to SBA event cosponsors: is the web page specifically
intended to support the cosponsored activity and is free from product
placement?
SBA will not link to:
Websites which are primarily commercial in nature (i.e.,
advertising a product, charging a usage fee, soliciting user
information, etc.)
Websites which violate federal ethics policies or only promote or endorse non-federal products or services
Websites that are deemed to be misleading, contain unsubstantiated
claims, or are determined to be in conflict with SBA’s mission
Websites which charge a user fee for access
Websites which exhibit hate, bias, or discrimination and/or promote one political party over another
Websites that encourage the public to contact members of Congress or
other federal officials, as well as state or local officials, on behalf
of an Administration position with respect to pending legislation,
regulations, policies, appropriations, or ratification actions
(Pub. L. 107-347) stipulates that all federal agency public websites
identify and post the following mandatory links on major entry points of
their sites:
Agency strategic plan and annual performance plans
Descriptions of agency organizational structure, mission, and statutory authority
Information made available under the Freedom of Information Act (FOIA)
Specific website privacy policies
USA.gov
No Fear Act information and data
Agency point of contact for small businesses as required by the Small Business Paperwork Relief Act of 2002
Other cross-government portals or links required by law or policy
Reciprocal links
We may link to information in accordance with our linking policy,
even if the other website does not link back to SBA. SBA does not
routinely engage in reciprocal linking.
Links from an outside resource
Any public or private entity may link to SBA.gov as long as the
descriptive words of SBA.gov are accurate and not misleading and do not
misrepresent any relationship between the linking site and SBA.gov.
Entities may not use the SBA logo as its link.
Advance permission is not required to link to SBA.gov provided these conditions are followed.
Reproduction of SBA content
Government information on SBA.gov is in the public domain. Public
domain information may be freely distributed and copied, but it is
requested that in any subsequent use, SBA’s information be given
appropriate acknowledgement. When using SBA.gov you may encounter
documents, illustrations, photographs, or other information resources
contributed or licensed by private individuals, companies, or
organizations that may be protected by U.S. and foreign copyright laws.
Transmission or reproduction of protected items beyond that allowed by
fair use as defined in the copyright laws requires the written
permission of the copyright owners. It is your responsibility to
identify the copyright owner and obtain permission before making use of
this material.
Disclaimers
SBA does not control or guarantee the accuracy, relevance,
timeliness, or completeness of information contained on a linked
website.
SBA does not endorse the organizations sponsoring linked websites,
and we do not endorse the views they express or the products/services
they offer.
SBA cannot authorize the use of copyrighted materials contained in
linked websites. Users must request such authorization from the sponsor
of the linked website.
SBA is not responsible for transmissions users receive from linked
websites.SBA does not guarantee that outside websites comply with
Section 508 (accessibility requirements) of the Rehabilitation Act.
Privacy and security
Check SBA.gov's Privacy policy page to learn more about our privacy and security policies.
The Federal Emergency Management Agency (FEMA) is an agency of the United States Department of Homeland Security (DHS), initially created under President Jimmy Carter by Presidential Reorganization Plan No. 3 of 1978 and implemented by two Executive Orders on April 1, 1979.[1]
The agency's primary purpose is to coordinate the response to a
disaster that has occurred in the United States and that overwhelms the
resources of local and state authorities. The governor of the state in which the disaster occurs must declare a state of emergency and formally request from the President that FEMA and the federal government respond to the disaster. The only exception to the state's gubernatorial declaration requirement occurs when an emergency or disaster takes place on federal property or to a federal asset—for example, the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, or the Space Shuttle Columbia in the 2003 return-flight disaster.
While on-the-ground support of disaster recovery efforts is a
major part of FEMA's charter, the agency provides state and local
governments with experts in specialized fields, funding for rebuilding
efforts, and relief funds for infrastructure development by directing
individuals to access low-interest loans, in conjunction with the Small Business Administration.
In addition to this, FEMA provides funds for response personnel
training throughout the United States as part of the agency's
preparedness effort.