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PT-6(2)Exemption Rules

PRIVACY

>Control Description

Review all Privacy Act exemptions claimed for the system of records at organization-defined frequency to ensure they remain appropriate and necessary in accordance with law, that they have been promulgated as regulations, and that they are accurately described in the system of records notice.

>Cross-Framework Mappings

>Supplemental Guidance

The PRIVACT includes two sets of provisions that allow federal agencies to claim exemptions from certain requirements in the statute. In certain circumstances, these provisions allow agencies to promulgate regulations to exempt a system of records from select provisions of the PRIVACT. At a minimum, organizations' PRIVACT exemption regulations include the specific name(s) of any system(s) of records that will be exempt, the specific provisions of the PRIVACT from which the system(s) of records is to be exempted, the reasons for the exemption, and an explanation for why the exemption is both necessary and appropriate.

>Assessment Interview Topics

Questions assessors commonly ask

Process & Governance:

  • What policies govern exemption rules in organizational systems?
  • Who is responsible for implementing and overseeing exemption rules controls?
  • How does the organization ensure exemption rules complies with privacy laws and regulations?
  • What process exists for documenting and maintaining exemption rules?
  • What governance exists for monitoring and enforcing exemption rules requirements?

Technical Implementation:

  • What systems or tools technically implement exemption rules?
  • How are exemption rules requirements enforced in PII processing systems?
  • What privacy-enhancing technologies support exemption rules?
  • How is exemption rules integrated with data governance and privacy tools?
  • What technical controls prevent violations of exemption rules requirements?

Evidence & Documentation:

  • Provide documented policies and procedures for exemption rules.
  • Provide evidence of exemption rules implementation in PII systems.
  • Provide documentation demonstrating compliance with exemption rules requirements.
  • Provide records of exemption rules reviews and updates.
  • Provide privacy impact assessments or other documentation addressing exemption rules.

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