The FAR Council Wishes Contractors a Happy New ‘Privacy Training’
The FAR Council issued a final rule on December 20, 2016, amending the Federal Acquisition Regulation (FAR) to add FAR Subpart 24.3, requiring privacy training for all contractor employees who (1) access a system of records; (2) handle personally identifiable information (PII); or (3) design, develop, maintain, or operate a system of records. A “system of records” is a “group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5); FAR 24.101.
These requirements apply to all contracts and flow down to all subcontracts involving access to a system of records. This includes commercial item contracts, contracts below the simplified acquisition threshold (SAT), and contracts for commercially available off-the-shelf (COTS) items.