Page:United States Statutes at Large Volume 102 Part 3.djvu/555

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-503—OCT. 18, 1988

Public Law 100-503 100th Congress

102 STAT. 2507

An Act

To amend title 5 of the United States Code, to ensure privacy, integrity, and verification of data disclosed for computer matching, to establish Data Integrity Boards within Federal agencies, and for other purposes.

Oct. 18, 1988 [S. 496]

Be it enacted by the Senate and House of Representatives of the Computer United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Computer Matching and Privacy Protection Act of 1988". SEC. 2. MATCHING AGREEMENTS.

Section 552a of title 5, United States Code, is amended— (1) by redesignating subsections (o), (p), and (q) as subsections (r), (s), and (t), respectively, and (2) by inserting after subsection (n) the following new subsections: "(o) MATCHING AGREEMENTS.—(1) No record which is contained in a system of records may be disclosed to a recipient agency or nonFederal agency for use in a computer matching program except pursuant to a written agreement between the source agency and the recipient agency or non-Federal agency specifying— "(A) the purpose and legal authority for conducting the program; "(B) the justification for the program and the anticipated results, including a specific estimate of any savings; "(C) a description of the records that will be matched, including each data element that will be used, the approximate number of records that will be matched, and the projected starting and completion dates of the matching program; "(D) procedures for providing individualized notice at the time of application, and notice periodically thereafter as directed by the Data Integrity Board of such agency (subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection (v)), to— "(i) applicants for and recipients of financial assistance or payments under Federal benefit programs, and "(ii) applicants for and holders of positions as Federal personnel, that any information provided by such applicants, recipients, holders, and individuals may be subject to verification through matching programs; "(E) procedures for verifying information produced in such matching program as required by subsection (p); "(F) procedures for the retention and timely destruction of identifiable records created by a recipient agency or non-Federal agency in such matching program; "(G) procedures for ensuring the administrative, technical, and physical security of the records matched and the results of such programs;

Matching and Privacy Protection Act of 1988 5 USC 552a note.