What does Preamble of Privacy Act Modernization Act of 2025 do?

This bill, formally titled 'To amend title 5, United States Code, to address records maintained on individuals, and for other purposes,' aims to modify Title 5 of the United States Code. The bill addresses records maintained on individuals.

What does SHORT TITLE. of Privacy Act Modernization Act of 2025 do?

This bill is formally titled the Privacy Act Modernization Act of 2025.

What does MODERNIZING PRIVACY ACT DEFINITIONS. of Privacy Act Modernization Act of 2025 do?

This section amends the Privacy Act of 1974 (5 U.S.C. 552a) to modernize its definitions. The definition of 'United States person' in paragraph (2) is revised to align with the Foreign Intelligence Surveillance Act of 1978, and includes individuals 'in the United States'. The definitions of 'record' and 'system of records' are updated to clarify their meaning within the context of agency operations. The definition of 'personally identifiable information' now includes information linked to a device that identifies an individual. The definition of 'process' is added to encompass operations performed on personally identifiable information. Amendments are made to the section concerning matching programs to broaden the scope of data involved. Changes are made to the section regarding government contractors to include agreements with other agencies. Technical amendments are made to references within the Privacy Act, including updating citations to sections of other acts.

What does STRENGTHENING PROTECTIONS FOR INDIVIDUALS. of Privacy Act Modernization Act of 2025 do?

This section amends Section 552a of Title 5, United States Code, to strengthen protections for individuals regarding collections, uses, and disclosures of records. Amendments include requiring disclosures to be consistent with specific purposes and related to them. The section adds a requirement that agencies cite the legal authority for each purpose for which records are used. It modifies rules concerning matching programs to prevent decisions affecting individual rights or adverse actions against Federal personnel. Civil remedies are expanded to include provisions for preliminary and equitable relief, and potential punitive damages for intentional or willful agency actions. Criminal penalties are increased for offenses involving the sale, transfer, use, or disclosure of records for commercial advantage, personal gain, or malicious harm. The penalties for certain violations are reclassified as felonies with increased fines and potential imprisonment.

What does EFFECTIVE DATES. of Privacy Act Modernization Act of 2025 do?

This section establishes effective dates for the amendments made by sections 2 and 3 of the Act. Generally, these amendments will take effect two years after the Act's enactment. However, certain actions are subject to the amendments immediately upon enactment. These immediate-effect exceptions apply to actions involving the United States DOGE Service, its temporary organization, and related entities. The exceptions also cover actions by special government employees, temporary experts, consultants, and individuals in temporary transitional Schedule C positions. Furthermore, the exceptions extend to agencies under the control of the DOGE Service or related entities, and to any matching program where these entities are involved. The exception also applies to actions by individuals associated with the DOGE Service or related entities, regardless of their title or compensation. Even if a person is not acting in a capacity covered by the subparagraphs, the exception still applies if they disclose a record, maintain a system of records, or take other actions governed by section 552a of title 5.

What does RULE OF CONSTRUCTION. of Privacy Act Modernization Act of 2025 do?

This section establishes a rule of construction regarding the interpretation of the Privacy Act. The term 'Privacy Act' is defined as section 552a of title 5, United States Code, as it existed before the enactment of this Act. This Act cannot be interpreted in a way that creates an inference about the interpretation of the Privacy Act, its regulations, or their application.

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Privacy Act Modernization Act of 2025

Last updated: 3/31/2025 · Introduced: 3/31/2025

Author: Ron Wyden (D-OR)

TL;DR (AI)

This bill updates the Privacy Act of 1974 by modernizing definitions to include information linked to devices and expanding the scope of 'personally identifiable information' to encompass operations performed on such data.
The bill strengthens protections for individuals by requiring agencies to cite legal authority for record usage, limiting disclosures to specific purposes, and expanding civil and criminal remedies for violations.
Most provisions of this bill will take effect two years after enactment, but certain actions involving the DOGE Service and related entities are subject to the updated rules immediately.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 4 more.

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