[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR324.102]



[Page 54]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 324_PROTECTION OF PRIVACY AND FREEDOM OF 

INFORMATION--Table of Contents

 

             Subpart 324.1_Protection of Individual Privacy

 

Sec. 324.102  General.



    (a) It is the Department's policy to protect the privacy of 

individuals to the maximum possible extent while permitting the exchange 

of records required to fulfill the Department's administrative and 

program responsibilities and its responsibilities for disclosing records 

to which the general public is entitled under the Freedom of Information 

Act (5 U.S.C. 552). The Privacy Act of 1974 and the Department's 

implementation under 45 CFR part 5b apply ``when an agency provides by a 

contract for the operation by or on behalf of the agency of a system of 

records to accomplish any agency function* * *'' The key factor is 

whether a departmental function is involved. Therefore, the Privacy Act 

requirements apply to a departmental contract when, under the contract, 

the contractor must maintain or operate a system of records to 

accomplish a departmental function.

    (e) The program official, and, as necessary, the official designated 

as the activity's Privacy Act Coordinator and the Office of General 

Counsel, shall determine the applicability of the Act to each proposed 

acquisition. The program official is required to include a statement in 

the request for contract indicating whether the Privacy Act is or is not 

applicable to the proposed acquisition.

    (f) Whenever the contracting officer is informed that the Privacy 

Act is not applicable, but the resultant contract will involve the 

collection of individually identifiable personal data by the contractor, 

the contracting officer shall include provisions to protect the 

confidentiality of the records and the privacy of individuals identified 

in the records (see subpart 324.70).