52.224-1
Privacy Act Notification
If your contract involves handling personal information in a system of records for an agency, strict compliance with the Privacy Act of 1974 is mandatory and violations can result in criminal penalties.
Overview
- FAR 52.224-1, Privacy Act Notification, informs contractors that if their contract involves the design, development, or operation of a system of records on individuals to accomplish an agency function, the Privacy Act of 1974 applies. This clause serves as a formal notification that contractors must comply with the Privacy Act and any relevant agency regulations when handling personal information in government systems.
Key Rules
- Applicability of the Privacy Act
- Contractors must comply with the Privacy Act of 1974 when their work involves systems of records containing personal information about individuals for agency functions.
- Potential Penalties
- Violations of the Privacy Act may result in criminal penalties, emphasizing the seriousness of compliance.
Responsibilities
- Contracting Officers: Must include this clause in solicitations and contracts where a system of records on individuals is required.
- Contractors: Must ensure all activities related to the system of records comply with the Privacy Act and applicable agency regulations.
- Agencies: Must oversee contractor compliance and provide guidance on Privacy Act requirements.
Practical Implications
- This clause exists to protect individuals’ personal information handled by contractors on behalf of the government.
- Contractors must be vigilant in understanding and implementing Privacy Act requirements, as non-compliance can lead to severe legal consequences.
- Common pitfalls include failing to recognize when a system of records is being created or operated, or misunderstanding the scope of the Privacy Act.