The Office of Management and Budget has begun accepting public feedback on a proposed rule that would amend OMB’s regulations for implementing the Privacy Act and the Freedom of Information Act, or FOIA.
The proposed revisions are designed to align with changes to OMB’s best practices and organizational structure while ensuring consistency between the access to records procedures in Privacy Act and FOIA regulations, according to a Federal Register notice published Wednesday.
Enacted in December 2024, the Privacy Act identifies agency responsibilities and individual rights concerning the collection, use, maintenance and disclosure of records about individuals. The law directs agencies to promulgate regulations that determine procedures for notifying individuals of records about them; making this information available when needed; and reviewing and adjudicating requests related to changes in a record.
These revisions would align OMB regulations more closely with those of other agencies, such as the Department of Justice.
OMB has also proposed conforming revisions to its FOIA regulations, with a significant focus on identity verification. Under the new rule, FOIA requesters would be given the benefit of both FOIA and Privacy Act disclosure requirements.
The notice states that requests from individuals unable to meet the identity verification requirements of the proposed Privacy Act regulations would be processed as FOIA requests.
Comments are due Jan. 19, 2024.
