What is the difference between FOIA and the Privacy Act?

Both the Freedom of Information Act (FOIA) and the Privacy Act of 1974 govern access to U.S. federal records, but they serve different purposes and protect different interests.

FOIA: public access to government records

FOIA gives the public a right to request access to federal agency records generally. It’s about government transparency — anyone can ask, and the records are released unless they fall within one of the nine exemptions. FOIA’s focus is the public’s window into what the government is doing.

Privacy Act: protecting records about individuals

The Privacy Act governs how federal agencies collect, maintain, use, and disclose records about individuals kept in a “system of records.” It does two main things: it restricts disclosure of an individual’s records without their consent, and it gives individuals the right to access and amend records the government holds about them. Its focus is protecting personal information and giving people control over their own records.

The key contrast

• FOIA = the public’s access to government records (transparency).
• Privacy Act = an individual’s access to, and protection of, records about themselves (privacy).

How they interact

The two often work together. A person seeking records about themselves may invoke both statutes, and agencies process such requests under both — using whichever provides the greater access. FOIA’s Exemption 6 also protects others’ personal privacy, dovetailing with the Privacy Act’s protective purpose. So while FOIA opens government to the public, the Privacy Act ensures that openness doesn’t come at the cost of individuals’ control over their own personal data. Good recordkeeping underpins compliance with both.