Privacy Training
Contractors must ensure all employees and applicable subcontractors handling personally identifiable information for the government complete and document initial and annual privacy training before accessing such data or systems.
Overview
FAR 52.224-3, Privacy Training, requires contractors whose employees handle personally identifiable information (PII) or have access to systems of records on behalf of a federal agency to ensure those employees complete initial and annual privacy training. The clause defines PII and outlines specific training content, including the Privacy Act, safeguarding PII, authorized use, and breach procedures. Contractors must maintain documentation of completed training and provide it to the Contracting Officer upon request. Employees may not access or handle PII or systems of records until training is complete. The clause must also be flowed down to applicable subcontractors. An alternate version allows agencies to provide the required training directly.
Key Rules
- Definition of Personally Identifiable Information (PII)
- PII is any information that can distinguish or trace an individual's identity, alone or when combined with other data.
- Training Requirement
- Contractors must ensure initial and annual privacy training for employees handling PII or systems of records.
- Training Content
- Training must cover the Privacy Act, safeguarding PII, authorized use, restrictions on equipment, prohibitions on unauthorized use/disclosure, and breach response procedures.
- Documentation
- Contractors must maintain and provide proof of training completion upon request.
- Access Restriction
- Employees cannot access or handle PII/systems of records until training is complete.
- Subcontractor Flowdown
- The clause must be included in subcontracts where employees handle PII or systems of records.
- Alternate Clause
- Agencies may require use of their own training program instead of contractor-provided training.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause and verify contractor compliance/documentation.
- Contractors: Provide, document, and enforce privacy training for all relevant employees and subcontractors.
- Agencies: May provide training directly and must oversee compliance.
Practical Implications
- Ensures all personnel handling sensitive information are properly trained, reducing risk of data breaches and non-compliance penalties.
- Contractors must track and document training, and ensure timely flowdown to subs.
- Common pitfalls include failing to document training, not updating training annually, or missing subcontractor compliance.