Reprinted with permission from CNET News

Do you trust the federal government when it comes to your privacy and the handling of your personal information? Is your personally identifiable data handled by the government in a way that your privacy might be breached or such that your data is safe? Inquiring minds want to know.

And just in time, a privacy think tank called the Ponemon Institute has issued its 2006 Privacy Trust Study of the United States Government. The report ranks public perception of the privacy protection practices of federal agencies, based on responses to various survey questions. More than 70 agencies were evaluated, and each was assigned a privacy trust score by factoring together positive and negative survey responses.

Given the very different perceptions of how well separate agencies protect personal data, it is obvious governmental privacy protection practices vary.

Let's turn to the bad news first. The least-trusted federal agencies, starting from the bottom, are: the Department of Homeland Security, the Transport Security Administration, the CIA, the Department of Justice, the Office of the Attorney General, the National Security Agency, the Bureau of Citizenship & Immigration, and the Federal Bureau of Prisons.

This is sobering, as these are not minor governmental outposts. We're instead talking about critical agencies, with vital missions, that handle very sensitive data.

The 2006 privacy test score for the Department of Homeland Security is only 17 percent, down 10 percentage points from last year. The current score for the Transport Security Administration is 19 percent, down 11 percentage points from last year. The 2006 score for the CIA right now is 21 percent, down 5 percentage points from 2005. And the beat goes on for these agencies ranking at the bottom of the report.

But yes, there is some good news. For the second year in a row, the U.S. Postal Service finished at the top of the rankings. For 2006, the privacy trust score for the Postal Service is 82 percent, up 4 percentage points from last year. Next came the Federal Trade Commission, with a current score of 78 percent, which is 8 percentage points higher than in 2005.

Other agencies earning high 2006 marks, from the top down, are the Internal Revenue Service (that's a relief), the Bureau of Consumer Protection, the Department of Veteran Affairs, the Census Bureau, the Social Security Administration, the National Institutes of Health, and the Federal Court System.

The public has interactions with the federal government all the time, and given the very different perceptions of how well separate agencies protect personal data, it is obvious governmental privacy protection practices vary. When it comes to privacy protection, there's some public support for the view that certain federal agencies are getting the job done. But they also know that other agencies still have a long way to go.

If the left and right governmental hands ever got together, those agencies still in need of improvement could learn from colleagues who figured out privacy a while ago. One can only hope.

Biography

Eric J. Sinrod is a partner in the San Francisco office of Duane Morris. His focus includes information technology and intellectual property disputes. To receive his weekly columns, send an e-mail to ejsinrod@duanemorris.com with "Subscribe" in the subject line. The views expressed in this column do not necessarily reflect those of Sinrod's law firm or its individual partners.

This article is for general information and does not include full legal analysis of the matters presented. It should not be construed or relied upon as legal advice or legal opinion on any specific facts or circumstances. The description of the results of any specific case or transaction contained herein does not mean or suggest that similar results can or could be obtained in any other matter. Each legal matter should be considered to be unique and subject to varying results. The invitation to contact the authors or attorneys in our firm is not a solicitation to provide professional services and should not be construed as a statement as to any availability to perform legal services in any jurisdiction in which such attorney is not permitted to practice.

Duane Morris LLP, among the 100 largest law firms in the United States, is a full-service firm of more than 600 lawyers. In addition to legal services, Duane Morris has independent affiliates employing approximately 100 professionals engaged in other disciplines. With offices in major markets, and as part of an international network of independent law firms, Duane Morris represents clients across the nation and around the world.