Overview of the Privacy Act: 2020 Edition

Mailing Lists

“An individual’s name and address may not be sold or rented by an agency unless such action is specifically authorized by law.  This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public.”  5 U.S.C. § 552a(n).

Comment:

For a decision discussing this provision, see Disabled Officer’s Ass’n v. Rumsfeld, 428 F. Supp. 454, 459 (D.D.C. 1977), aff’d, 574 F.2d 636 (D.C. Cir. 1978) (unpublished table decision).  In this case, the court ordered the Department of Defense to release names and addresses of retired disabled officers to the association.  The court’s analysis centered on Exemption (b)(6) of the FOIA, but the court also found that subsection (n) did not apply because the agency was not selling or renting the information, and the FOIA required disclosure.  For a further discussion of this provision, see OMB 1975 Guidelines, 40 Fed. Reg. at 28,976, https://www.justice.gov/paoverview_omb-75.

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