Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

The escalation of security breaches involving personally identifiable information (PII) has contributed to the loss of millions of records over the past few years. Breaches involving PII are hazardous to both individuals and org. Individual harms may include identity theft, embarrassment, or blackmail. Organ. harms may include a loss of public trust, legal liability, or remediation costs. To protect the confidentiality of PII, org. should use a risk-based approach. This report provides guidelines for a risk-based approach to protecting the confidentiality of PII. The recommend. here are intended primarily for U.S. Fed. gov¿t. agencies and those who conduct business on behalf of the agencies, but other org. may find portions of the publication useful.

Congress passed the Intelligence Identities Protection Act, P.L.97-200 in 1982. The Act, as amended, 1 is codified at 50USC 421-426. Under 50USC 421 criminal penalties are provided, in certain circumstances, for intentional, unauthorised disclosure of information identifying a covert agent, where those making such a disclosure know that the information disclosed identifies the covert agent as such and that the United States is taking affirmative measures to conceal the covert agent's foreign intelligence relationship to the United States. Other sections of the Act provide exceptions and defences to prosecution, make provision for extraterritorial application of the offenses in section 421, include reporting requirements to Congress, and set forth definitions of the terms used in the Act. There do not appear to be any published cases involving prosecutions under this Act. In 1982, the Intelligence Identities Protection Act was enacted into law as an amendment to the National Security Act of 1947. Intelligence Committees and others in Congress about the systematic effort by a small group of Americans, including some former intelligence agency employees, to disclose the names of covert intelligence agents. This new book presents the text of the Act, its interpretation and the Court of Appeals case of closest to the issue of intelligent agents and disclosure of their identities - Adele HALKIN, et al., v. Richard HELMS.

The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.