A system of records is a group of any records under the control of any agency from which information is retrieved using the individual’s name or some form of unique identifying number, symbol, or other identifier assigned to the individual.

The Privacy Act requires federal agencies that maintain a system of records to publish a notice, commonly referred to as Systems of Records Notices or SORNs, in the Federal Register identifying:

• The purpose for which information about an individual is collected.
• What type of information is being collected.
• How the information is shared.
• What an individual must do if they want to access or amend any record maintained about them.

When a federal agency requests that you provide personally identifiable information (name, date of birth, social security number, etc.) for a system of records, regardless of the method used to collect the information (i.e., forms, personal or telephonic interview, etc.), a Privacy Act Statement is required. If the information requested will not be included in a system of records, a Privacy Act Statement is not required.

In general, the Privacy Act Statement describes:

• Authority: The federal law or Executive Order that allows the collection.
• Purpose: How the collected information will be used.
• Routine Uses: VA approved circumstances in which a record may be shared outside of the agency in accordance with the purpose for which the information was collected and maintained by VA.
• Disclosure: Whether or not the disclosure of information is “Voluntary” or “Mandatory”. It is only appropriate to cite “Mandatory” when a federal law or Executive Order of the President specifically imposes a requirement to furnish the information and provides a penalty for failure to do so. If furnishing information is a condition for granting a benefit or privilege voluntarily sought by the individual, it is voluntary for the individual to give the information.

• VA Handbook 6300.4, Procedures for Processing Requests for Records Subject to the Privacy Act
• VA Handbook 6300.5, Procedures for Establishing and Managing Privacy Act Systems of Records

The Privacy Act of 1974 (5 U.S.C. § 552a) provides that agencies will provide access to records on individuals within its possession unless one of 10 exemptions apply.

VA regulations at 38 CFR § 1.582 – Exemptions provide a complete listing of all VA exempt Privacy Act Systems of Records.