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OMB Memorandum M-83-11

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Citation Edit

Office of Management and Budget, Guidelines on the Relationship Between the Privacy Act of 1974 and the Debt Collection Act of 1982 (OMB Memorandum M-83-11), 48 Fed. Reg. 15556 (Mar. 30, 1983) (full-text).

Overview Edit

This guidance was issued to explain how the disclosure provisions of the Debt Collection Act of 1982[1] affect agencies' implementation of the Privacy Act of 1974. This guidance supplements the OMB Privacy Act Implementation, Guidelines and Responsibilities issued on July 9, 1975.[2]

The Debt Collection Act of 1982

(a) Amends the Privacy Act of 1974 to provide a new general disclosure authority, subsection (b)(12), which lets agencies disclose personal information to consumer reporting agencies.
(b) Creates a statutory authority to satisfy the conditions the Privacy Act of 1974 establishes under which agencies can make disclosures under subsection (b)(3): For a "routine use." The Privacy Act of 1974 requires that such disclosures be compatible with the purpose for which the information was originally collected. The routine disclosures which the Debt Collection Act of 1982 authorizes include disclosures of taxpayer mailing addresses in certain instances, as well as disclosures of debtor information to effect administrative or salary offsets.
(c) Creates statutory authority for agencies to collect Social Security Account Numbers (SSN) from applicants in certain Federal loan programs.
(d) Amends the Privacy Act of 1974 to exempt consumer reporting agencies from the "contractor" provisions of Privacy Act of 1974.

References Edit

  1. Pub. L. No. 97-365.
  2. 40 Fed. Reg. 28949-78 (1975).

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