Department of Homeland Security v. League of Women Voters · ¶30

Before the overhaul, DHS had recognized SAVE as the sort of database that was covered by the federal Privacy Act. That Act requires agencies to publish a so-called system of records notice (SORN) anytime it “establish[es]” or “modifie[s]” any system of records containing personal identifying information. 5 U. S. C. §552a(e)(4). The agency is then prohibited from disclosing anyone’s information in the system without consent, §552a(b), unless (among other things) the disclosure is for a “routine use,” §552a(b)(3). “[A]t least 30 days prior” to adopting a new routine use, however, the Act requires that an agency publish a SORN and offer a 30-day comment period. §552a(e)(11).

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