EPIC has submitted comments to the Department of Homeland Security, objecting to the agency's plan to disclose internal agency records to former DHS employees, third party employers, and foreign and international agencies. DHS plans to disclose criminal conviction records, employee records, and foreclosures, about a broad category of individuals, including members of the public, individuals who file administrative complaints with DHS, and even individuals who are named parties in cases "in which DHS believes it will or may become involved." All of this information is protected under the federal Privacy Act, but the DHS proposes to invoke the "routine use" exemption to allow disclosure. EPIC said the plan would "undermine privacy safeguards set out in the Privacy Act and would unnecessarily increase privacy risks for individuals whose records are maintained by the federal government." EPIC also noted that the agency has failed to allow sufficient time to meaningfully consider public comment on the plan. For more information, see EPIC: the Privacy Act of 1974.
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Communications Law and Policy
Jerry Kang and Alan Butler