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Privacy Law

This research guide includes materials for Law 792 - Privacy Law

Selected federal statutes

Census Confidentiality Statues: Title 13, U.S. Code

Section 9 sets out the confidentiality requirement and exception. 

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Text at this link is from the Office of the the Law Revision Counsel, U.S. Congress.  It includes links to amendments to the Act, federal regulations promulgated under the Act, Executive Orders issued pursuant to the Act, and other historical information. Section 552(a) governs federal agency records maintained on individual and includes links to the same related materials.

Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x (revised Aug. 2022)

FCRA, itself Title VI of the Consumer Credit Protection Act, protects information collected by consumer reporting agencies (e.g., creit bureaus, medical information companies, tenant screening services).  Related federal laws include the Fair and Accurate Credit Transactions Act, the Fair and Accurate Credit Transactions Act, and the Dodd-Frank Act.

The text at the link above comprises a PDF provided by the Federal Trade Commission as a public service and includes a legislative history of the Act.  It is not the official U.S. Code text, which can be found here (Title 15, Chap. 41).

Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g

Section 1232g imposes penalties on an educational agency or institution (as that term is defined) that receives funds and wrongfully discloses "educational records" (again, as defined).  The text at this link is from the Office of the the Law Revision Counsel, U.S. Congress and includes links to amendments to the Act, federal regulations promulgated under the Act, Executive Orders issued pursuant to the Act, and other historical information.

Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. § 1801-1885c

The text at this link is from the Office of the the Law Revision Counsel, U.S. Congress and includes links to amendments to the Act, federal regulations promulgated under the Act, Executive Orders issued pursuant to the Act, and other historical information.

Right to Financial Privacy Act, 12 U.S.C. §§3401-3423

he text at this link is from the Office of the the Law Revision Counsel, U.S. Congress and includes links to amendments to the Act, federal regulations promulgated under the Act, Executive Orders issued pursuant to the Act, and other historical information.

Cable Communications Policy Act of 1984 § 631 (47 U.S.C. § 551)

Electronic Communications Privacy Act (ECPA), 18 U.S.C. §§ 2510-2523

Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227

Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191 (Aug. 21, 1996)

This link is to the Public Law but provides, for each section thereof, the corresponding section in the U.S. Code.

Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6506

The text at this link is from the Office of the the Law Revision Counsel, U.S. Congress and includes links to amendments to the Act, federal regulations promulgated under the Act, Executive Orders issued pursuant to the Act, and other historical information.

Gramm-Leach-Biley Act (GBLA), 15 U.S.C. §§ 6801-6809

This Act sets out the affirmative and continuing obligation that each financial institution (as that term is defined) to protect customers' non-public information.

Driver Privacy Act of 2015, Pub. L. 1114-94, div. B, title XXIV, subtitle C, part 1, 129 Stat. 1712 (Dec. 4, 2015)

Pending federal legislation

Legislation introduced in the 118th Congress (2023-2024)

 

Legislation introduced in the 117th Congress (2021-2022)

  1. American Data Privacy and Protection Act, H.R. 8152, 117th Cong.§ 2.