Appendix I

Authorized Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems of 

Records

The Privacy Act allows the FTC to disclose its Privacy Act records in the following

ways:

(1) Within the FTC, to FTC officers and employees who need the record to perform their

duties;

(2) In response to a request for public disclosure under the Freedom of Information Act 

(FOIA);

(3) For any “routine use” compatible with the purpose for which the record was 

collected, as set forth in each system of records notice and in paragraphs (13)-(23) of this 

Appendix below;

(4) To the Bureau of the Census for purposes of planning or carrying out a census or 

survey or related activity under title 13 of the United States Code;

(5) To a recipient who has provided the agency with advance adequate written assurance 

that the record will be used solely as a statistical research or reporting record, and the record is to 

be transferred in a form that is not individually identifiable;

(6) To the National Archives and Records Administration as a record having sufficient 

historical or other value to warrant its continued preservation by the United States Government, 

or for evaluation by the Archivist of the United States or the designee of the Archivist to 

determine whether the record has such value;

(7) To another agency or to an instrumentality of any governmental jurisdiction within 

or under the control of the United States for a civil or criminal law enforcement activity if the 

activity is authorized by law, and if the head of the agency or instrumentality has made a written 

request to the agency which maintains the record specifying the particular portion desired and 

the law enforcement activity for which the record is sought;

(8) To a person pursuant to a showing of compelling circumstances affecting the health 

or safety of an individual if upon such disclosure notification is transmitted to the last known 

address of such individual;

(9) To either House of Congress, or, to the extent of a matter within its jurisdiction, any 

committee or subcommittee thereof, any joint committee of Congress or subcommittee of any 

such joint committee;

(10) to the Comptroller General, or any of his authorized representatives, in the course of 

the performance of the duties of the Government Accountability Office;
(11) Under an order of a court of competent jurisdiction; and

(12) To a consumer reporting agency, when trying to collect a claim of the Government, 

in accordance with 31 U.S.C. 3711(e).

In addition, in accordance with paragraph (3) above, the “routine uses” set forth in 

paragraphs (13) through (23) below shall apply to all records in all FTC Privacy Act systems of 

records. Specifically, such records:

(13) Where appropriately incorporated into the records maintained in FTC-II-6 

(Discrimination Complaint System–FTC), may be disclosed under the routine uses published for 

that system;

(14) May be disclosed to the National Archives and Records Administration for records 

management inspections conducted under authority of 44 U.S.C. 2904 and 2906;

(15) May be disclosed to other agencies, offices, establishments, and authorities, 

whether federal, state, local, foreign, or self-regulatory (including, but not limited to 

organizations such as professional associations or licensing boards), authorized or with the 

responsibility to investigate, litigate, prosecute, enforce, or implement a statute, rule, regulation, 

or order, where the record or information by itself or in connection with other records or 

information:

(a) Indicates a violation or potential violation of law, whether criminal, civil, 

administrative, or regulatory in nature, and whether arising by general statute or particular 

program statute, or by regulation, rule, or order issued pursuant thereto, or

(b) Indicates a violation or potential violation of a professional, licensing, or 

similar regulation, rule, or order, or otherwise reflects on the qualifications or fitness of an 

individual who is licensed or seeking to be licensed;

(16) May be disclosed to any source, private or governmental, to the extent necessary to 

secure from such source information relevant to and sought in furtherance of a legitimate 

investigation or audit;

(17) May be disclosed to any authorized agency component of the Federal Trade 

Commission, Department of Justice, or other law enforcement authorities, and for disclosure by 

such parties:

(a) To the extent relevant and necessary in connection with litigation in 

proceedings before a court or other adjudicative body, where (i) the United States is a party to or 

has an interest in the litigation, including where the agency, or an agency component, or an 

agency official or employee in his or her official capacity, or an individual agency official or 

employee whom the Department of Justice has agreed to represent, is or may likely become a 

party, and (ii) the litigation is likely to affect the agency or any component thereof; or
(b) To obtain advice, including advice concerning the accessibility of a record or 

information under the Privacy Act or the Freedom of Information Act;

(18) May be disclosed to a congressional office in response to an inquiry from that office 

made at the written request of the subject individual, but only to the extent that the record would 

be legally accessible to that individual;

(19) May be disclosed to debt collection contractors for the purpose of collecting debts 

owed to the government, as authorized under the Debt Collection Act of 1982, 31 U.S.C. 3718, 

and subject to applicable Privacy Act safeguards;

(20) May be disclosed to a grand jury agent pursuant either to a federal or state grand 

jury subpoena, or to a prosecution request that such record be released for the purpose of its 

introduction to a grand jury, where the subpoena or request has been specifically approved by a 

court;

(21) May be disclosed to the Office of Management and Budget (OMB) for the purpose 

of obtaining advice regarding agency obligations under the Privacy Act, or in connection with 

the review of private relief legislation pursuant to OMB Circular A-19;

(22) To appropriate agencies, entities, and persons when (a) the FTC suspects or has 

confirmed that there has been a breach of the system of records; (b) the FTC has determined 

that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the 

FTC (including its information systems, programs, and operations), the Federal Government, 

or national security; and (c) the disclosure made to such agencies, entities, and persons is 

reasonably necessary to assist in connection with the FTC’s efforts to respond to the suspected 

or confirmed breach or to prevent, minimize, or remedy such harm. 

(23) To another Federal agency or Federal entity, when the FTC determines that 

information from this system of records is reasonably necessary to assist the recipient agency 

or entity in (a) responding to a suspected or confirmed breach or (b) preventing, minimizing, or 

remedying the risk of harm to individuals, the recipient agency or entity (including its 

information systems, programs, and operations), the Federal Government, or national security, 

resulting from a suspected or confirmed breach. 

(24) May be disclosed to FTC contractors, volunteers, interns or other authorized 

individuals who have a need for the record in order to perform their officially assigned or 

designated duties for or on behalf of the FTC.

The routine uses contained in this Appendix are in addition to any routine uses contained 

in the system of records notice (SORN) for each FTC Privacy Act records system. Some of the 

authorized disclosures and routine uses may overlap with one another. The FTC will treat a 

routine use as valid and still in effect, even if an overlapping routine use or disclosure is partly or 

fully invalidated or repealed.