The Federal Communications Commission (FCC) released a notice of proposed rulemaking on Thursday which would update and improve regulations effectuating the Privacy Act of 1974. The agency is now soliciting public comment on its proposed rules, which it claimed reflect Congressional amendments to the Act, federal court interpretation and analysis, Office of Management and Budget (OMB) directives, and the FCC’s current practices.
The notice first explained that the Act regulates the procedures by which federal agencies gather, maintain, disseminate, and use personal information. As required by the law, the FCC rolled out its implementation rules in 1975; the initial rules reportedly offered individuals a way to access the records that the FCC maintains about them, and to request that the agency amend those records where appropriate.
The FCC has chosen to revise the Act’s rules now because, as the notice stated, the rules have not been substantively amended since their adoption more than 45 years ago, though communication technology has made leaps and bounds. In addition, the agency explained, the law has evolved: Congress has amended the Act over 10 times, federal courts have weighed in, and the OMB has issued extensive guidance.
The proffered changes are three-fold. First, the FCC proposes updating its list of exempted systems to remove those which are outdated. Second, the agency has put forward clarifications that will allow the public better understand its rights under the Act, including the processes that apply for administrative and judicial review in scenarios where a request for access to or amendment of records is denied. Third, the FCC plans to conform its rules to guidance promulgated by the OMB and current practices. If adopted, the agency believes that the proposals “would not only bring the Commission’s rules up to date but would also make it easier for individuals to exercise their rights under the Privacy Act.”
The comment period is open for 30 days after the proposed rulemaking’s publication in the Federal Register.
