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Privacy Considerations

Postal Service records management is based on best practices, business needs, and legal requirements. When considering whether to release records publicly, the Postal Service balances the confidentiality and privacy of the records with the public's right to access those records to the maximum extent possible. These considerations are in accordance with Handbook AS-353, Guide to Privacy and the Freedom of Information Act, and Title 39 Code of Federal Regulations (CFR) 265, which implements the Freedom of Information Act (FOIA) (5 U.S.C. 552) and the Privacy Act (5.U.S.C. 552a).

Suppliers that have access to customer or employee data, or operate a customer Web site, may be subject to the Postal Service's privacy requirements implementing the Privacy Act and its privacy policy posted on www.usps.com/common/docs/privpol.htm. Clause 1-1: Privacy Protection is incorporated by reference in Clause 4-2, Terms and Conditions Required to Implement Policies, Statutes, or Executive Orders when checked off by the Contracting Officer. The clause must be included in:

1. Contracts in which a supplier or subcontractor operates a Privacy Act system of records on the Postal Service's behalf;

2. Contracts in which a supplier or subcontractor will have access to any Postal Service customer or employee information, including address information;

3. Contracts in which a supplier or subcontractor assists the Postal Service in establishing or administering a customer Web site or places links or ad banners on a Postal Service Web site or any Web site on the Postal Service's behalf; or

4. Contracts in which a supplier or subcontractor assists the Postal Service to conduct a marketing e-mail campaign.

In most cases, suppliers must turn over all customer or employee information in its possession to the Postal Service upon completion of the contract. Under certain circumstances, suppliers will retain the information, and in these cases the contracting officer must work with the Privacy Office and legal counsel to ensure that all interests are protected. In all cases, Purchase/SCM Teams should work with the Chief Privacy Officer and legal counsel to ensure that the Postal Service's privacy commitments are upheld.

Clauses and Provisions

Clause 1-1: Privacy Protection

Clause 4-2: Contract Terms and Conditions Required to Implement Policies, Statutes, or Executive Orders

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Laws & Regulations

Privacy Act (5 U.S.C. 552a)

Freedom of Information Act (FOIA) (5 U.S.C. 552)

Title 39 Code of Federal Regulations (CFR)

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