{408.40 Scope.

This subpart clarifies requirements for privacy that relate to Natural Resources Conservation Service (NRCS) programs contained in the 2002 Farm Bill. This subpart also explains how to recognize Freedom of Information Act and Privacy Act requests and discusses procedures for referring those requests to the proper persons for processing. Additional information on the Freedom of Information Act (FOIA) and the Privacy Act (PA) is in National Instruction 120-310, which is available in state offices.

 {408.41 Purpose of Acts.

(a) Section 2004 of the Farm Security and Rural Investment Act of 2002, mandates that information provided by individuals to NRCS, including contractors or consultants of NRCS, to participate in conservation programs and information that is proprietary to the agricultural operation, is not considered to be public information and is not releasable to the public by any employee, contractor, or consultant. This requirement does not affect the accessibility of payment information, including names and addresses, to be provided to the public. In limited circumstances, non-public information obtained from individuals may be disclosed or released only to the extent necessary to enforce natural resources conservation programs or to assist in providing technical or financial assistance for any natural resources conservation program administered by NRCS or the Farm Service Agency.

(b) The Freedom of Information Act, 5 U.S.C. 552, as amended by the Freedom of Information Reform Act of 1986, generally provides that any person has a court enforceable right to access federal agency records, except when portions of those records are protected from disclosure by one of nine exemptions or by one of three new special law enforcement record exclusions. In October 2001, the government reiterated its commitment to maintaining an open and accountable system of government through FOIA. At the same time, the government recognizes the importance of protecting sensitive, commercial, and personal interests that can be implicated in government records.

(c) The Privacy Act of 1974, 5 U.S.C. 552a, was enacted to protect individuals against unwarranted invasions of their privacy stemming from the collection, maintenance, use, and disclosure of personal information about them by federal agencies. It also grants individuals the right of access to records maintained on themselves unless covered by an exemption, provides procedures for correcting errors in those records, and requires that agencies publish notification of systems of records that are maintained on individuals.