[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR24.102]



[Page 478]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 24_PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION--Table of Contents

 

              Subpart 24.1_Protection of Individual Privacy

 

Sec. 24.102  General.



    (a) The Act requires that when an agency contracts for the design, 

development, or operation of a system of records on individuals on 

behalf of the agency to accomplish an agency function the agency must 

apply the requirements of the Act to the contractor and its employees 

working on the contract.

    (b) An agency officer or employee may be criminally liable for 

violations of the Act. When the contract provides for operation of a 

system of records on individuals, contractors and their employees are 

considered employees of the agency for purposes of the criminal 

penalties of the Act.

    (c) If a contract specifically provides for the design, development, 

or operation of a system of records on individuals on behalf of an 

agency to accomplish an agency function, the agency must apply the 

requirements of the Act to the contractor and its employees working on 

the contract. The system of records operated under the contract is 

deemed to be maintained by the agency and is subject to the Act.

    (d) Agencies, which within the limits of their authorities, fail to 

require that systems of records on individuals operated on their behalf 

under contracts be operated in conformance with the Act may be civilly 

liable to individuals injured as a consequence of any subsequent failure 

to maintain records in conformance with the Act.