Ever filled out a U.S. passport application and skimmed past that block of text titled “Privacy Act Statement” with all the intimidating legal citations? You’re not alone! Most of us just want to get to the “sign here” line. But tucked away in that legalese is some genuinely important information about what data the U.S. government collects from you, why they collect it, and what they can do with it. While we help business owners with the numerous data privacy laws and the increased CIPA private right of action litigation we also like to educate our readers about the other types of privacy laws and regulations you may come across.
Let’s demystify those specific legal authorities often found on forms like the DS-11 or DS-82. They’re not just random numbers; they’re the specific laws empowering the government to issue your passport and manage your identity.
The Core Mandate: Your Passport, By Law
At the heart of the matter are two foundational legal citations that grant the Secretary of State the authority to deal with passports:
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22 U.S.C. 211a et seq. (The Passport Act of 1926): This is the big one. It’s the primary federal law that gives the Secretary of State the power to “grant and issue passports” and also to establish regulations for their issuance. Basically, without this, there’d be no official U.S. passports!
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Executive Order 11295 (August 5, 1966): Issued by President Lyndon B. Johnson, this Executive Order officially designated the Secretary of State as the executive agent responsible for establishing the rules and regulations governing the granting, issuing, and verifying of U.S. passports. It streamlines and clarifies the administrative authority.
These two work hand-in-hand to ensure there’s a clear legal and executive framework for the entire passport system.
Connecting the Dots: Passport, Immigration, and Nationality
Your passport isn’t just about travel; it’s deeply tied to your status as a U.S. citizen.
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8 U.S.C. 1104: This refers to a section of the Immigration and Nationality Act. It grants the Department of State the authority to administer and enforce various aspects of immigration and nationality laws. While your passport is proof of citizenship, this authority ensures consistency and cross-referencing with broader immigration policies.
The Money Matters: Taxes and Debts
This is where things get particularly interesting for many people. Your passport is surprisingly linked to your financial obligations.
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26 U.S.C. 6039E (Internal Revenue Code): This is the provision that requires you to provide your Social Security Number (SSN) when applying for a passport. If you fail to provide it (unless you’ve never been issued one), the IRS can impose a $500 penalty. This law was put in place to help the IRS identify U.S. citizens living abroad who might have U.S. tax obligations.
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22 U.S.C. 2714a(f) (Section 236 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001): This mouthful of a law is significant. It grants the Secretary of State the authority to deny, revoke, or limit a passport for individuals certified by the IRS as having “seriously delinquent tax debt” (currently over $59,000, adjusted for inflation) or those with certain child support arrears. Yes, your tax compliance can directly impact your ability to travel internationally!
These provisions ensure that the U.S. government can use passport services as a lever for tax and financial enforcement.
The Specifics: Federal Regulations
Finally, these refer to the detailed rules that put the laws into practice:
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22 C.F.R. parts 50 and 51: “C.F.R.” stands for Code of Federal Regulations. These are the specific regulations issued by the Department of State that lay out the detailed procedures for applying for a passport, the evidence required to prove citizenship and identity, how fees are handled, and other operational guidelines. Think of them as the “how-to manual” for the passport office.
Why Does This All Matter To You? (Beyond the Legalese)
The Privacy Act of 1974 mandates that government agencies tell you why they’re collecting your personal information. By listing these authorities, the government is being transparent about:
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Purpose: Your information is being collected to determine your eligibility for a U.S. passport.
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Routine Uses: This data isn’t just sitting in a silo. It can be shared with other federal agencies (like the IRS, Social Security Administration, Department of Homeland Security, or law enforcement) for purposes consistent with these laws—think identity verification, background checks, or tax enforcement.
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Consequences of Non-Disclosure: While providing the information is technically “voluntary,” the practical reality is that failing to provide the requested information (especially your SSN) will result in your passport application being denied or delayed.
In essence: When you sign that passport application, you’re not just applying for a travel document; you’re consenting to a thorough cross-agency check against various legal frameworks. Your ability to travel abroad is directly linked to your identity, citizenship, and even your financial obligations to the U.S. government.
So, the next time you see that Privacy Act Statement, you’ll know exactly what legal powers and responsibilities the government is exercising when they ask for your personal details. It’s a powerful reminder of the intricate web of laws that govern our identity and our ability to navigate the world.
If you’re a business and you need help navigating the complex data privacy world we can help with a free privacy audit to determine what your risks are and how we can automate your privacy requirements.
