The Computer Matching and Privacy Protection Act of 1988 permits government agencies to cross-reference computerized records to verify eligibility for benefits or to recoup benefit payments. This allows them to use computers to identify instances such as individuals receiving welfare payments while employed, or both parents claiming the same child on their tax returns post-divorce. The law includes regulations to safeguard individuals’ privacy.
The Computer Matching and Privacy Protection Act of 1988 permits government agencies to cross-reference computerized records to verify eligibility for benefits or to recoup payments on benefits. This law includes specific safeguards to ensure privacy protection. Computer matching involves comparing computer records in two distinct systems to identify matching records. For instance, the government utilises computer matching to detect individuals who are employed and receiving welfare payments, as well as to uncover cases where both divorced parents are claiming the same child on their income-tax returns. These instances demonstrate how computer matching can aid in identifying instances of fraud or misuse in government programs.
The Computer Matching and Privacy Protection Act of 1988 is a federal law that regulates the matching of personal information by federal agencies for various purposes, including determining eligibility for federal benefits and detecting fraud.
The Act aims to protect individuals’ privacy rights by establishing procedures and safeguards for the matching of personal information held by federal agencies, ensuring accuracy, fairness, and transparency in the process.
The Act applies to all federal agencies that engage in computer matching activities, including but not limited to the Social Security Administration, Internal Revenue Service, and Department of Health and Human Services.
The Act covers any personal information held by federal agencies, including but not limited to names, addresses, social security numbers, and financial data.
Agencies must comply with specific procedural requirements, such as providing notice to individuals whose information will be matched, obtaining consent where required, and establishing data accuracy and security measures.
Under certain circumstances, federal agencies may share personal information obtained through computer matching with other federal, state, or local agencies, as long as it is done in accordance with the Act’s provisions and applicable privacy laws.
Individuals have the right to be notified when their personal information is subject to computer matching, the right to access and correct any inaccuracies in their records, and the right to appeal adverse decisions resulting from the matching process.
Agencies that fail to comply with the Act’s requirements may be subject to legal action, including civil penalties and injunctive relief. Additionally, individuals whose privacy rights have been violated may seek damages in court.
The Act complements and works in conjunction with other federal privacy laws, such as the Privacy Act of 1974 and the Health Insurance Portability and Accountability Act (HIPAA), to ensure the protection of individuals’ personal information.
The Act provides for certain exceptions, such as emergency situations, law enforcement activities, and research purposes, where agencies may be exempted from certain procedural requirements. However, these exceptions are subject to strict limitations and must be justified under specific circumstances.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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