ACLU Urges “Yes” Vote on H.R. 2840 on Suspension Calendar

Dear Representative,

On behalf of the ACLU, a non-partisan organization with hundreds of thousands of activists and members and 53 affiliates nationwide, we urge you to vote “yes” on H.R. 2840, the Federal Agency Protection of Privacy Act, a bill expected to be on the Suspension Calendar this week. The House has approved this language in both the 107th and 108th Congresses, passing it on suspension in the 107th and as an amendment to H.R. 2845, the 9/11 Record Implementations Act, in the 108th.  In short, Representatives find this important legislation both necessary and non-controversial.

This last year Americans learned the consequences of the failures of federal agencies to protect the private information   that each agency gathers when the Department of Veterans Affairs announced it had lost a laptop computer containing sensitive, personally identifiable information on 26 million veterans.  The result was that veterans learned what all too many other people have learned – all too often the federal government fails to safeguard sensitive information that could be exploited by identity thieves. To reduce this threat, Congress must act to improve how Federal agencies handle sensitive information.

H.R. 2840, sponsored by Representatives Steve Chabot (R-OH) and Jerrold Nadler (D-NY), would require that all Federal agencies conduct privacy impact assessments when issuing a notice regarding a new or interpretive rule relating to the collection of personally identifiable information, as well as when final rules are promulgated. 

Specifically, H.R. 2840 requires each Federal agency to explain:

(i) what personally identifiable information will be collected;
(ii) how the information will be collected, maintained, used, disclosed, and protected;
(iii) whether a person is allowed to access and correct the information pertaining to him or her, ;
(iv) that information obtained for one purpose will not be used for another purpose; and
(v)  the steps the agency has taken to minimize any significant privacy impact that a final rule may have.

Further, the bill would permit judicial review of agency actions impacting personal privacy.  While the ACLU believes that the national security and law enforcement exemptions the bill proposes should be narrowed and/or eliminated, if enacted, the bill would demonstrably improve Federal agencies’ handling of Americans sensitive information.  This would be a dramatic improvement for personal privacy.

Again, the ACLU urges a “yes” vote on H.R. 2840 on the Suspension Calendar. Thank you for your consideration.

Sincerely,

Caroline Fredrickson
Director
Washington Legislative Office

Tim Sparapani
Legislative Counsel
Washington Legislative Office