General Medical Officer (GMO) Manual: Administrative Section
Privacy Act
Department of the Navy
Bureau of Medicine and Surgery
Overview
The Privacy Act, codified at Title 5 United States Code, § 552(a), protects individuals from unwarranted invasions of privacy that may result from Federal agencies' collection, maintenance, use, and disclosure of personal information.
- While Federal agencies may collect, maintain, and use personal information to support Government programs or functions authorized by law or regulation, there must be adequate safeguards to protect that information against unauthorized disclosure, alteration, or destruction.
- With limited exceptions, individuals have a right to obtain copies of Government records maintained on them. Individuals may also request amendment of any record information that is false or misleading.
- Government officials are prohibited from maintaining records subject to the Privacy Act in separate, undisclosed systems (e.g., keeping a panel of patients in a home computer system).
- Government officials also are generally prohibited from disclosing protected personal information maintained in a record without consent of the individual. There are exceptions and exemptions to this general prohibition (e.g., allowing disclosure to other Department of Defense officials who have a need for the record information in the performance of their duties and where that use is compatible with the purpose for which the record is maintained).
- By applicable instruction, each Navy command is required to designate a Privacy Act coordinator to serve as principal point of contact on Privacy Act matters.
- Health care providers who receive a request for access to information concerning an individual should refer that request to the Privacy Act coordinator for appropriate action.
Reference
- SECNAVINST 5211.5
Prepared by LCDR Michael Bandy, JAGC, USN, Medico-Legal Affairs, BUMED, Washington, D.C. (1999).