OVERVIEW OF THE PRIVACY ACT OF 1974

AGENCY RULES

To implement the Act, an agency that maintains a system of records "shall promulgate rules, in accordance with [notice and comment rulemaking, see 5 U.S.C.  553]," which shall--

E. 5 U.S.C.  552a(f)(5)

"establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record."

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Unlike under the FOIA, search and review costs are never chargeable under the Privacy Act. See OMB Guidelines, 40 Fed. Reg. 28,948, 28,968 (1975).

Note also that subsection (f) provides that the Office of the Federal Register shall biennially compile and publish the rules outlined above and agency notices published under subsection (e)(4) in a form available to the public at low cost.


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