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Privacy Act of 1974[]

Maintain is defined as "maintain, collect, use or disseminate."[1] This definition embraces various activities with respect to records and has a meaning much broader than the common usage of the term.[2]

References[]

  1. 5 U.S.C. §552a(a)(3).
  2. See OMB Privacy Act Implementation, Guidelines and Responsibilities, 40 Fed. Reg. 28,948, 28,951 (July 9, 1975); see also, e.g., Albright v. United States, 631 F.2d 915, 918-20 (D.C. Cir. 1980) (analyzing scope of term "maintain" in context of subsection (e)(7) challenge to record describing First Amendment-protected activity and stating that "the Act clearly prohibits even the mere collection of such a record, independent of the agency's maintenance, use or dissemination of it thereafter").
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