Regulations (Standards - 29 CFR) - Table of Contents Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 71
• Part Title: Protection of Individual Privacy and Access to Records under the Privacy Act of 1974
• Subpart: A
• Subpart Title: General
• Standard Number: 71.13
• Title: Employee standards of conduct.
71.13(a)

Each component shall inform its employees of the provisions of the Privacy Act, including the Act's civil liability and criminal penalty provisions. Each component also shall notify its employees that they have a duty to:

71.13(a)(1)

Protect the security of records,

71.13(a)(2)

Ensure the accuracy, relevance, timeliness, and completeness of records,

..71.13(a)(3)

71.13(a)(3)

Avoid the unauthorized disclosure, either verbal or written, of records, and

71.13(a)(4)

Ensure that the component maintains no system of records without public notice.

71.13(b)

Except to the extent that the Privacy Act permits such activities, an employee of the Department of Labor shall:

71.13(b)(1)

Not collect information of a personal nature from individuals unless the employee is authorized to collect such information to perform a function or discharge a responsibility of the Department;

71.13(b)(2)

Collect from individuals only that information which is necessary to the performance of the functions or to the discharge of the responsibilities of the Department;

71.13(b)(3)

Collect information about an individual directly from that individual, whenever practicable;

71.13(b)(4)

Inform each individual from whom information is collected of:

..71.13(b)(4)(i)

71.13(b)(4)(i)

The legal authority that authorizes the Department to collect such information,

71.13(b)(4)(ii)

The principal purposes for which the Department intends to use the information,

71.13(b)(4)(iii)

The routine uses the Department may make of the information, and

71.13(b)(4)(iv)

The practical and legal effects upon the individual of not furnishing the information;

71.13(b)(5)

Maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as to ensure fairness to the individual in the determination;

71.13(b)(6)

Maintain no record describing how any individual exercises rights guaranteed by the First Amendment to the United States Constitution, unless:

..71.13(b)(6)(i)

71.13(b)(6)(i)

The individual has volunteered such information for his own benefit,

71.13(b)(6)(ii)

A statute expressly authorizes the Department to collect, maintain, use, or disseminate the information, or

71.13(b)(6)(iii)

The individual's beliefs, activities, or membership are pertinent to and within the scope of an authorized law enforcement activity;

71.13(b)(7)

Notify the head of the component of the existence or development of any system of records that has not been disclosed to the public;

71.13(b)(8)

Disclose no record to anyone, for any use, unless authorized by the Act;

71.13(b)(9)

Maintain and use records with care to prevent the inadvertent disclosure of a record to anyone; and

71.13(b)(10)

Notify the head of the component of any record that contains information that the Act or the foregoing provisions of this paragraph do not permit the Department to maintain.

[63 FR 56745, Oct. 22, 1998]

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Regulations (Standards - 29 CFR) - Table of Contents Regulations (Standards - 29 CFR) - Table of Contents