Interesting People mailing list archives

re The White House just posted the emails of critics without censoring sensitive personal information


From: "Dave Farber" <farber () gmail com>
Date: Fri, 14 Jul 2017 21:32:48 -0400



Begin forwarded message:

From: Karl Auerbach <karl () cavebear com>
Subject: Re: [IP] The White House just posted the emails of critics without censoring sensitive personal information
Date: July 14, 2017 at 6:19:12 PM EDT
To: dave () farber net, ip <ip () listbox com>


With regard to the so-called Presidential Commission on Election Integrity (PCEI):

The collection of voter records that it is building, as implied from the letters it sent to the various States, does 
appear as if it would be subject to the Privacy Act of 1974 (5 USC 552a - notice that little 'a' at the end) 
https://www.law.cornell.edu/uscode/text/5/552a

And from the mission of the PCEI it would be reasonable to conclude that their intention is to use that data to match 
records from different states and with other databases.

It's been more than 30 years since I last dug deeply into the Privacy Act, but it seems to me that the PCEI may be 
flouting its obligations under that act.

The Privacy Act of 1974 is interested in records about people.  The statute is interested in aggregations and linking 
of data to other databases.

The Privacy Act does not appear to automagically exempt databases of such data just because some (or perhaps even 
all) of that data could be obtained by the public by other means or even if there is an assertion that the data is 
"public" in some way.

One of the requirements of the Privacy Act is that a notice of the existence of such databases must be published in 
the Federal Register (and be listed in the CFR).  And the details of "matching programs" that use that data must also 
be published in the Federal Register.

I just took a look at the Federal Register for all of 2017 and such notices have *not* been published.

I would be rather useful if a group such as EPIC or EFF could take a look with eyes more recently skilled than my own 
in the arts of reading 5 USC xxxx and ascertain whether the PCEI really is trying to fly without adhering to its 
Privacy Act obligations.

      --karl--


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