Data privacy is a complex and evolving law and regulation affecting security clearance holders and their employers. Security clearance holders have a special responsibility to safeguard the national security interests of the United States and to comply with the data privacy laws and regulations that apply to them. By following some data privacy best practices, security clearance holders can protect their data and the data of others and maintain their trustworthiness and eligibility for security clearance.
How well do you know your rights and responsibilities regarding data privacy? Take this quiz to test your knowledge and awareness of data privacy laws and regulations that apply to you and your employer.
The Privacy Act
The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the individual’s written consent unless the disclosure is pursuant to one of twelve statutory exceptions. The exceptions are listed in section 552a(b) of title 5, United States Code¹. The exception for consumer reporting agencies is not one of them. This exception was added by the Debt Collection Improvement Act of 1996², which amended section 3711(e) of title 31, United States Code³, to authorize federal agencies to disclose information about delinquent debtors to consumer reporting agencies.
Phishing
Phishing is when someone tries to trick you into revealing your personal or financial information, such as passwords, bank accounts, credit cards, or social security numbers. Phishing emails often look like they come from legitimate sources, such as your employer, bank, or government agency. Still, they may contain some clues that indicate they are fraudulent, such as spelling errors, grammatical mistakes, urgent requests, or unfamiliar domain names. To avoid phishing, you should never open attachments or click on links from unknown or suspicious sources. You should also only provide personal or financial information if you are sure of the identity and legitimacy of the requester. If you receive a phishing email, you should call the sender using a verified phone number and verify his identity and request. You should also forward the email to your IT support and report it as a possible phishing attempt.
data privacy law
California was the first state to enact a comprehensive data privacy law in the U.S., the California Consumer Privacy Act (CCPA), which took effect in 2020. The CCPA grants California residents various rights regarding their personal information held by businesses, such as access, deletion, opt-out, portability, and nondiscrimination. The CCPA was amended by the California Privacy Rights Act (CPRA), which took effect in 2023. The CPRA extends some of the CCPA rights and creates new ones, such as correction, opt-in for sensitive personal information, opt-out for automated decision-making, and limitation on retention. The CPRA also established a new enforcement body, the California Privacy Protection Agency (CPPA).
E-Government Act of 2002
The E-Government Act of 2002 requires federal agencies to conduct privacy impact assessments (PIAs) for any new or substantially changed information systems or collections that involve personal information. PIAs are documents describing how agencies collect, use, share, secure, and dispose of personal information and address the privacy risks and impacts associated with their activities. PIAs also inform the public and promote transparency and accountability in federal information practices.
Data privacy principles
Data privacy principles are general guidelines or standards that govern personal data collection, use, and disclosure. Different data privacy laws and regulations may adopt different sets of data privacy principles, but some of the most common and widely accepted ones are:
- Data minimization: This principle means that only the minimum amount and type of personal data necessary for a specific and legitimate purpose should be collected, used, or disclosed.
- Purpose limitation: This principle means that personal data should only be collected, used, or disclosed for a specific and legitimate purpose compatible with the original purpose for which it was collected.
- Consent: This principle means that personal data should only be collected, used, or disclosed with the informed and voluntary consent of the data subject unless there is a legal basis or exception that allows otherwise.
- Accountability: This principle means that entities that collect, use, or disclose personal data should be responsible for complying with the applicable data privacy laws and regulations and should be able to demonstrate their compliance upon request.
By following some data privacy best practices, security clearance holders can safeguard the national security interests of the United States and comply with the data privacy laws and regulations that apply to them. They can also maintain their trustworthiness and eligibility for security clearance.
Thank you for taking the quiz. We hope you learned something new and had fun. Stay safe and stay informed!
