24.301 Privacy training
Source: FAR 24.301 on acquisition.gov
Contractors must ensure all employees handling personally identifiable information or systems of records complete initial and annual privacy training, and maintain documentation of completion.
Overview
FAR 24.301 establishes mandatory privacy training requirements for contractor employees who handle personally identifiable information (PII) or have access to systems of records on behalf of a federal agency. The regulation requires both initial and annual privacy training for relevant contractor personnel, ensuring they understand their responsibilities under the Privacy Act of 1974 and related agency policies. The training must be role-based, cover foundational and advanced topics, and include knowledge assessments. Contractors may use their own or another agency's training unless the contracting agency requires its own program. Contractors must maintain documentation of completed training and provide it upon request. Employees cannot access or handle PII or systems of records until they have completed the required training.
Key Rules
- Mandatory Privacy Training
- Contractors must ensure initial and annual privacy training for employees who access or handle PII or systems of records.
- Training Content Requirements
- Training must address the Privacy Act, proper handling of PII, authorized use, restrictions on equipment, prohibitions on unauthorized use/disclosure, and breach response procedures.
- Training Delivery
- Contractors may use their own or another agency's training unless the agency specifies otherwise.
- Documentation
- Contractors must maintain and provide documentation of training completion upon request.
- Access Restriction
- Employees cannot access or handle PII or systems of records without completing the required training.
Responsibilities
- Contracting Officers: Ensure contract clauses require privacy training and verify contractor compliance.
- Contractors: Provide, document, and ensure completion of privacy training for all applicable employees.
- Agencies: May require use of agency-specific training and may request training documentation.
Practical Implications
- This section exists to protect sensitive personal data handled by contractors and ensure compliance with federal privacy laws.
- It impacts daily operations by requiring ongoing training, documentation, and restricting access to PII until training is complete.
- Common pitfalls include failing to document training, using inadequate training content, or allowing untrained employees access to PII or systems of records.
(a) Contractors are responsible for ensuring that initial privacy training, and annual privacy training thereafter, is completed by contractor employees who-
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information on behalf of the agency; or
(3) Design, develop, maintain, or operate a system of records (see FAR subpart 24.1 and 39.105).
(b) Privacy training shall address the key elements necessary for ensuring the safeguarding of personally identifiable information or a system of records. The training shall be role-based, provide foundational as well as more advanced levels of training, and have measures in place to test the knowledge level of users. At a minimum, the privacy training shall cover-
(1) The provisions of the Privacy Act of 1974 (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim" target="_blank">5 U.S.C. 552a), including penalties for violations of the Act;
(2) The appropriate handling and safeguarding of personally identifiable information;
(3) The authorized and official use of a system of records or any other personally identifiable information;
(4) The restriction on the use of unauthorized equipment to create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise access personally identifiable information;
(5) The prohibition against the unauthorized use of a system of records or unauthorized disclosure, access, handling, or use of personally identifiable information; and
(6) Procedures to be followed in the event of a suspected or confirmed breach of a system of records or unauthorized disclosure, access, handling, or use of personally identifiable information (see Office of Management and Budget guidance for Preparing for and Responding to a Breach of Personally Identifiable Information).
(c) The contractor may provide its own training or use the training of another agency unless the contracting agency specifies that only its agency-provided training is acceptable (see 24.302(b)).
(d) The contractor is required to maintain and, upon request, to provide documentation of completion of privacy training for all applicable employees.
(e) No contractor employee shall be permitted to have or retain access to a system of records, create, collect, use, process, store, maintain, disseminate, disclose, or dispose, or otherwise handle personally identifiable information, or design, develop, maintain, or operate a system of records, unless the employee has completed privacy training that, at a minimum, addresses the elements in paragraph (b) of this section.