Washington University Law Review Volume 96 Issue 6 Trust and Privacy in the Digital Age 2019 The Ironic Privacy Act Margaret Hu Kenan Institute for Ethics, Duke University; Washington and Lee University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Immigration Law Commons, National Security Law Commons, President/Executive Department Commons, and the Privacy Law Commons Recommended Citation Margaret Hu, The Ironic Privacy Act, 96 WASH. U. L. REV. 1267 (2019). Available at: https://openscholarship.wustl.edu/law_lawreview/vol96/iss6/7 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. THE IRONIC PRIVACY ACT MARGARET HU* ABSTRACT This Article contends that the Privacy Act of 1974, a law intended to engender trust in government records, can be implemented in a way that inverts its intent. Specifically, pursuant to the Privacy Act’s reporting requirements, in September 2017, the U.S. Department of Homeland Security (DHS) notified the public that record systems would be modified to encompass the collection of social media data. The notification justified the collection of social media data as a part of national security screening and immigration vetting procedures. However, the collection will encompass social media data on both citizens and noncitizens, and was not explicitly authorized by Congress. Social media surveillance programs by federal agencies are largely unregulated and the announcement of social media data collection pursuant to the reporting requirements of the Privacy Act deserves careful legal attention.