The Privacy Act of 1974 is the U.S. federal law governing how agencies handle records about individuals. It was a landmark response to concerns about government databases, and it remains a cornerstone where records management meets privacy.
What it governs
The Act applies to systems of records — groups of agency records about individuals that are retrieved by a personal identifier (name, SSN, etc.). For information in those systems, it sets rules on:
- Collection — agencies should collect only personal information relevant and necessary to a purpose, and, where practical, directly from the individual.
- Use and disclosure — agencies generally may not disclose an individual’s records without consent, subject to specific exceptions (including “routine uses” that must be published).
- Accuracy — agencies must maintain records with the accuracy, relevance, timeliness, and completeness needed for fairness.
- Transparency — agencies must publish System of Records Notices (SORNs) describing each system.
Individual rights
The Act gives people two key rights over records about themselves:
- Access — to see the records an agency holds about them.
- Amendment — to request correction of inaccurate, irrelevant, untimely, or incomplete records.
Privacy Act vs. FOIA
The Privacy Act and the Freedom of Information Act both govern access to federal records but from different angles: FOIA is about the public’s access to government information; the Privacy Act is about an individual’s access to, and protection of, records about themselves. Requests for one’s own records are often processed under both, using whichever gives greater access.
Why it matters for records management
The Privacy Act reinforces core records disciplines: know what personal data you hold and where (a records inventory), keep only what’s necessary, protect it, keep it accurate, and dispose of it on schedule. It’s one of several overlapping privacy regimes — alongside sector laws, the GDPR, and state laws — that intersect with retention. See the privacy, PII and data protection hub for more.
Sources & further reading
Authoritative government and non-profit references.
- Privacy Act of 1974 — overview — U.S. Department of Justice
How to cite this page
APA
RM University Editorial Team. (2026). The Privacy Act of 1974 Explained. Records Management University. https://www.recordsmgmt.org/articles/the-privacy-act-of-1974/
MLA
RM University Editorial Team. "The Privacy Act of 1974 Explained." Records Management University, 15 June 2026, www.recordsmgmt.org/articles/the-privacy-act-of-1974/.