The Public Servant Questionaire (For Your Protection!)

Bill St. Clair.com ^ | Unknown | Bill St. Clair

[EdReform]

Bump & bookmark. Thanks!

[EdReform]

Ping

[Windflier]

Glad to pass it along.

[Hoffer Rand]

Thnx, Windflier, for giving this its own thread. It’s an awesome form. I’ve already made copies to go by my front door and sent to my email list.

[EBH]

http://epic.org/privacy/1974act/

I would like to know how this affects the new Health Care Law and the Proposed Bank Regulations.

Interesting Act on more than one front.

[bajabaja]

Thanks. Archived.

[Windflier]

It’s an awesome form. I’ve already made copies to go by my front door and sent to my email list.

Good job. Thanks for sharing with those you care about.

[Windflier]

I would like to know how this affects the new Health Care Law and the Proposed Bank Regulations.

At the very least, using this tool will act as a brake on unconstitutional meddling by federal agents who are attempting to violate your constitutional rights in person.

Of course, our best tool is the Constitution itself, which we may have to defend in the streets to force compliance.

[Windflier]

Sorry, just clicked on your link and did some reading about the Privacy Act of 1974. The article there raises more concerns than I’m able to explore until I do a close study of it.

Good question, though. Hopefully, some more well-informed members will comment.

[EBH]

e attempting to violate your constitutional rights in person.

ahhh... but the law covers more than just the in person thing. It talks of being able to pull personal information off of a database system. Doesn't the new health care law require such ability? Doesn't the new banking regulations require such an ability if they are monitoring every transaction? Won't the new immigration and ID card do the same thing?

Yeah. You may have stumbled on something you think is only good for the census folk, but maybe there is something more? This law says we can sue the government for violations of our privacy.

[jmax]

Very interesting and informative, BUT, IS THERE SOMETHING SIMILAR FOR STATE AND LOCAL USE?

[Windflier]

ahhh... but the law covers more than just the in person thing. It talks of being able to pull personal information off of a database system. This law says we can sue the government for violations of our privacy.

It appears that you have just discovered a huge protection against the Tyrannical (health care) Act.

Everyone reading this thread ought to bookmark your link to this, for future reference. We'll probably all need it sooner than we think.

[Windflier]

IS THERE SOMETHING SIMILAR FOR STATE AND LOCAL USE?

There's a post on the thread with a link to a guide for dealing with local and state police.

[jmax]

I’m obviously having a blonde moment.....I don’t see it.

[EBH]

You might check number 4, it’s about the census folks. But my question still stands with regards to a bunch of the new stuff. Hummm... ? I hope some other FReepers pick up on this and can explore it.

(b) Conditions of Disclosure.—No agency shall disclose any record
which is contained in a system of records by any means of communication
to any person, or to another agency, except pursuant to a written
request by, or with the prior written consent of, the individual to whom
the record pertains, unless disclosure of the record would be—

(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;

(2) required under section 552 of this title;

(3) for a routine use as defined in subsection (a)(7) of this
section and described under subsection (e)(4)(D) of this section;

(4) to the Bureau of the Census for purposes of planning or
carrying out a census or survey or related activity pursuant to the
provisions of title 13;

(5) to a recipient who has provided the agency with advance
adequate written assurance that the record will be used solely as a
statistical research or reporting record, and the record is to be
transferred in a form that is not individually identifiable;

(6) to the National Archives and Records Administration as a
record which has sufficient historical or other value to warrant its
continued preservation by the United States Government, or for
evaluation by the Archivist of the United States or the designee of
the Archivist to determine whether the record has such value;

(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United
States for a civil or criminal law enforcement activity if the
activity is authorized by law, and if the head of the agency or
instrumentality has made a written request to the agency which
maintains the record specifying the particular portion desired and
the law enforcement activity for which the record is sought;

(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if
upon such disclosure notification is transmitted to the last known
address of such individual;

(9) to either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress or subcommittee of any such joint
committee;

(10) to the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of
the Government Accountability Office;

(11) pursuant to the order of a court of competent jurisdiction;
or

(12) to a consumer reporting agency in accordance with section
3711(e) of title 31.

[bamahead]

Good information. Thanks!



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[Windflier]

Gov’t loopholes:

(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought;

(8) to a person pursuant to a showing of compelling
circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;

So, in other words, this statute is as worthless as the paper it’s written on, and does nothing to actually protect the constitutional rights of the individual.

[EBH]

Is the health care mandate civil, criminal, or a tax with enforcement through the IRS? Or really just a threat against an individuals privacy?

The penalty is assessed through the Code and accounted for as an additional amount of Federal tax owed. However, it is not subject to the enforcement provisions of subtitle F of the Code. The use of liens and seizures otherwise authorized for collection of taxes does not apply to the collection of this penalty. Non-compliance with the personal responsibility requirement to have health coverage is not subject to criminal or civil penalties under the Code and interest does not accrue for failure to pay such assessments in a timely manner. Sec.5000A(g)(2)

Again this circles back to how does or can the Privacy Act protect me?

[Windflier]

“....I don’t see it.”

Sorry, it’s here:

http://www.freerepublic.com/focus/f-bloggers/2498454/posts?page=52#52