Code of Fair Information Practices
Latest action. Referred to House Committee on Judiciary.
Code of Fair Information Practices - Provides that organizations keeping records of personal data, which are not part of an administrative automated personal data system, shall not transfer such data to another organization, without the prior informed consent of the individual to whom the data pertains, if because of such transfer the data will become part of an administrative automated personal data system not subject to these requirements. Requires any organization maintaining an administrative automated personal data system to: (1) specify penalties for employees who contribute to disciplinary action against individuals who bring to the attention of authorities, the press, or the public, evidence of unfair personal information practice; (2) maintain a complete record of every access to, and use made of, any data in the system, including the identity of those to which access has been given; and (3) maintain data in the system with accuracy, completeness, and timeliness. Requires organizations maintaining administrative automated data systems to give annual public notice of the existence and character of its system, which shall specify: (1) the categories of data kept; (2) the organization's policies regarding data storage and disposal; (3) uses made of the data; and (4) how persons can be informed if they are the subject of data in the system, how they can gain access to such data, and how they can contest its accuracy. Requires such organizations to: (1) inform individuals asked to supply data if he is legally required to do so and of consequences of supplying or not supplying the data, and (2) clearly disclose, upon request, to data subjects the data about him, the sources of the data, and the recipients of transfer or report of the data. Provides that such disclosure requirements shall not apply to data related to international relations, international subversive activities, or active criminal investigations. Requires such organizations to delete from the system, data that is challenged and cannot be verified by such organizations, and to note on any transfers or reports that the data is challenged. Provides that organizations keeping records of personal data, not part of an automated data system used for statistical-reporting or research, shall not transfer such data without prior informed consent of the data subject, if the transfer will cause the data to become part of a data system not subject to these regulations. Requires organizations keeping an automated personal data system used for statistical-reporting or research to: (1) specify penalties for employees who contribute to disciplinary action against individuals who bring to the attention of authorities, the press, or the public evidence of unfair personal information practice; and (2) make no transfer of personal data without specifying requirements for security of the data. Requires such organizations to: (1) make annual public notice of the nature described earlier in this Act for other organizations; (2) inform individuals asked to supply data of the consequences of supplying or not supplying such data; and (3) assure that no use of the data is outside the stated purposes as understood by the individuals. Provides for temporary or permanent injunctions to stop acts of unfair personal information practice as described in this Act. Provides for damages, including liquidated damages of not less than $10,000, punitive damages, and actual damages, for unfair personal information practices. Provides for a $10,000 fine for Federal employees who permit an unfair personal information practice. States that this Act shall supersede any State laws in conflict with it, except those State laws that are more stringent. Requires each Federal agency to promulgate rules to further the purposes of this Act.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on April 1, 1974. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on April 1, 1974: Referred to House Committee on Judiciary.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 93rd Congress (1973-74), 651 of the 23,396 bills and joint resolutions introduced became law, about 2.8 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
DONALD BROTZMAN (R-CO) introduced it on April 1, 1974. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on April 1, 1974, 19155 days ago. The most recent recorded action was 19155 days ago, on April 1, 1974.
Measures do not carry over. Anything the 93rd Congress has not finished by January 3, 1975 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers