Protection of Individual Privacy
FAR Subpart 24.1 requires contractors and agencies to rigorously protect personal information in government contracts by complying with the Privacy Act and including specific privacy clauses.
Overview
FAR Subpart 24.1, Protection of Individual Privacy, establishes the requirements and procedures for safeguarding personal information collected, maintained, or used by federal agencies in the course of government contracting. It implements the Privacy Act of 1974 and ensures that contractors and their employees protect the privacy rights of individuals whose records are handled under government contracts. This subpart outlines definitions, general requirements, specific procedures for handling records, and the mandatory contract clauses that must be included in solicitations and contracts involving the design, development, or operation of systems of records on individuals. The goal is to prevent unauthorized disclosure and misuse of personal data, ensuring compliance with federal privacy laws and regulations.
Key Rules
- Definitions (24.101)
- Clarifies key terms related to individual privacy and records management under the Privacy Act.
- General Requirements (24.102)
- Mandates compliance with the Privacy Act and sets the expectation for safeguarding personal information in contracts.
- Procedures (24.103)
- Details the steps agencies and contractors must follow to protect individual privacy, including notification, access, and amendment procedures.
- Contract Clauses (24.104)
- Requires the inclusion of specific clauses in contracts that involve the design, development, or operation of systems of records on individuals.
Responsibilities
- Contracting Officers: Ensure appropriate clauses are included in contracts and monitor contractor compliance with privacy requirements.
- Contractors: Protect personal information, follow prescribed procedures, and comply with all contract clauses related to privacy.
- Agencies: Oversee contractor performance, provide guidance, and ensure compliance with the Privacy Act.
Practical Implications
- This subpart exists to protect individuals' privacy rights and prevent misuse of personal data in government contracts.
- Contractors must be vigilant in handling personal information and understand their obligations under the Privacy Act.
- Common pitfalls include failing to include required clauses, improper handling of records, and inadequate employee training.