24.101 Definitions
Source: FAR 24.101 on acquisition.gov
FAR 24.101 establishes precise definitions for privacy-related terms, ensuring consistent understanding and compliance when handling personally identifiable information in federal contracts.
Overview
FAR 24.101 provides definitions for key terms used in Subpart 24.1, which addresses the protection of individual privacy in federal contracting. These definitions clarify the scope and application of privacy-related requirements, ensuring that contractors and agencies understand their obligations when handling records containing personally identifiable information (PII) about individuals. The section defines what constitutes an agency, individual, record, system of records, and other critical terms, establishing a common language for compliance with privacy regulations in government contracts.
Key Rules
- Definition of Agency
- Clarifies which entities are considered agencies for the purposes of privacy protection.
- Definition of Individual and Record
- Specifies who is protected and what types of information are covered.
- Personally Identifiable Information (PII)
- Defines PII and references OMB guidance for further clarification.
- System of Records
- Explains what constitutes a system of records and how information is retrieved.
Responsibilities
- Contracting Officers: Must ensure contract terms align with these definitions and apply privacy requirements appropriately.
- Contractors: Must understand and use these definitions when handling, maintaining, or operating systems of records containing PII.
- Agencies: Oversee compliance and ensure contractors adhere to privacy protections as defined.
Practical Implications
- This section ensures all parties have a shared understanding of privacy-related terms, reducing ambiguity in compliance and enforcement.
- Accurate application of these definitions is critical for proper handling of PII and avoiding violations of privacy laws.
- Misinterpretation of these terms can lead to non-compliance, data breaches, or legal consequences.
As used in this subpart-
Agency means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
Individual means a citizen of the United States or an alien lawfully admitted for permanent residence.
Maintain means maintain, collect, use, or disseminate.
Operation of a system of records means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.
Personally identifiable information means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular No. A-130, Managing Federal Information as a Strategic Resource).
Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history, and that contains the individual’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.
System of records on individuals 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.