09. Privacy Act and Freedom of Information Act | Social Security & Taxation | Sovereign’s Handbook

By Johnny Liberty

Privacy Act Protection

The Privacy Act (PA) of 1974 was specifically enacted to curtail the expanding use of SSNs with the rise of computer use as an existential threat to both personal privacy and confidentiality. If the U.S. or state governments or private corporations are invading your personal privacy, or soliciting information without your permission, you have rights and recourse under the Privacy Act (PA) of 1974.

“The purpose of this [Privacy] Act is to provide certain safeguards for an individual against invasion of personal privacy by requiring Federal agencies…to permit an individual to determine
what records pertaining to him
are collected, maintained, used,
or disseminated by such agencies.”
~ Public Law 93-579

The Privacy Act may appear to be powerless these days given the extensive illegal institutionalized snooping happening by the National Security Agency (NSA) an other police organizations. However, the Act may still have a few teeth to consider. 

“Actual damages sustained by the individual
as a result of the refusal or failure,
but in no case shall a person entitled to recovery receive less
than the sum of $1,000
the costs of the action together with reasonable attorney fees determined
by the court.”
~ Privacy Act of 1974

All public servants are required to complete and sign a questionnaire before securing private information about a “citizen of the United States”. Therefore, be certain to nclude in any correspondence to any government agency the following, “If any request for information relating to me is received from any person or agency, you must advise me in writing before releasing such information. Failure to do so may subject you to possible civil or criminal action as provided by the Privacy Act of 1974.”

Freedom of Information Act Requests

Furthermore, a Citizen can request information from the U.S. or state government through the Freedom of Information Act (FOIA) of 1974 in order to discover what the government has on record about you except for criminal investigations. 

A FOIA Request is a powerful tool for discovering unrevealed commercial agreements in the record under your NAME in ALL CAPITAL LETTERS. You can also discover evidence in the record by researching government documents, laws, administrative rules and procedures, so as to determine the hidden public policy of various government agencies.

On any FOIA Request, provide your name, address, and the former SSN account number designated For Information Only with the years in question requested, along with reasonable costs to provide the information. 

The U.S. or state government agency has 10 days to respond to any Citizen making a formal request through FOIA. If they deny you information (which is often so on the first attempt), appeals must be processed within 20 days. 

Unless you are under criminal investigation (which is always good to know), nothing should be exempt from disclosure. The penalty to the government agency for failure to respond, or for denying you information legally required, is $1,000. Make FOIA requests to State agencies addressed to Attn: Disclosure Officer.

Title 5 §552(C). Request for Records

“Any person making a request to any agency for records under paragraph (1), (2), or (3) of this subsection shall be deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions of this paragraph.”

Title 5 §552a(d)(2). Records Maintained on individuals

“Permit the individual to request amendment of a record pertaining to him/her and (A) not later than 10 days after the date of receipt of such request, acknowledge in writing such receipt; and (B) promptly, either-(i) make any correction…(ii) inform the individual of their refusal to amend the record…”

“The authority of public officers to proceed in a particular way and only upon specific conditions as to such matters implies a duty not to proceed in any manner other than that which is authorized by law.”
~ First Nat. Bank v. Filer, 107 Fla. 526, 145 So 204, 87 ALR 267

“If taxes are laid upon us without our having
a legal representation where they are laid,
we are reduced from the character
of free subjects to the state of tributary slaves.” ~ Sam Adams

References:

  1. Wikipedia | Privacy Act of 1974, P.L. 93–579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a www.justice.gov/opcl/privacy-act-1974 and www.epic.org/privacy/1974act 
  2. Ibid.
  3. Ibid.
  4. Ibid.
  5. Wikipedia | Freedom of Information Act of 1974, 5 U.S.C. § 552.
  6. Ibid.
  7. Ibid.
  8. Citation Needed | First Nat. Bank v. Filer, 107 Fla. 526, 145 So 204, 87 ALR 267.
  9. Wikiquotes | Quote by Sam Adams.

Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 2 of 3, p.75 – 77

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