Page:United States Statutes at Large Volume 88 Part 2.djvu/581

 88 STAT. ]

PUBLIC LAW 93-579-DEC. 31, 1974

1897

SEC. 3. Title 5, United States Code, is amended by adding after section 552 the following new section: ^'§ 552a. Records maintained on individuals " (a) DEFINITIONS.—For purposes of this section— "(1) the term 'agency' means agency as defined in section 552(e) of this title; "(2) the term 'individual' means a citizen of the United States or an alien lawfully admitted for permanent residence; "(3) the term 'maintain' includes maintain, collect, use, or disseminate; "(4) the term 'record' means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; "(5) the term 'system of records' means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; "(6) the term 'statistical record' means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13; and "(7) the term 'routine use' means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. "(b) CONDITIONS OF DISCLOSURE.—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 the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be—• " (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; "(2) required under section 552 of this title; "(3) for a routine use as defined in subsection (a)(7) of this section and described under subsection (e)(4)(D) of this section; "(4) to the Bureau of the Census for purposes of planning or c any i n g out a census or survey or related activity pursuant to the provisions of title 13; "(5) 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) to the National Archives of the United States 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 Administrator of General Services or his designee to determine whether the record has such value; "(7) 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 authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which

5 USC 552a.

Ante,

p. 1564.

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