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Back to Part 2400
OSHA 2400.3

Delegation of Privacy Act authority

12 Questions & Answers
Official OSHA text

Questions & Answers

Under 2400.3, who designates the Privacy Officer for OSHRC?

Under 2400.3, the Chairman shall designate an OSHRC employee as the Privacy Officer.

  • This is an explicit duty placed on the Chairman by the regulation.
  • See the regulation text in 2400.3 for the precise wording.

Under 2400.3, what authority is delegated to the Privacy Officer?

Under 2400.3, the Chairman delegates to the Privacy Officer the authority to ensure agency-wide compliance with Part 2400 (Regulations Implementing the Privacy Act).

  • The delegation is specifically to "ensure agency-wide compliance with this part," meaning the Privacy Officer has responsibility for implementing and overseeing compliance with the Privacy Act rules set out in Part 2400.
  • See 2400.3 for the statutory language.

Under 2400.3, does the Privacy Officer have to coordinate with any other privacy official?

Yes. Under 2400.3, the Privacy Officer shall coordinate this delegated responsibility with the Senior Agency Official for Privacy as necessary.

  • The regulation requires coordination "as necessary," so the Privacy Officer should work with the Senior Agency Official for Privacy when duties overlap or collaboration is needed.
  • See 2400.3 for this requirement.

Under 2400.3, must the Privacy Officer be an OSHRC employee?

Yes. Under 2400.3, the Chairman shall designate an OSHRC employee as the Privacy Officer.

  • The regulation explicitly requires the Privacy Officer to be an employee of OSHRC rather than an external contractor or non-employee.
  • See 2400.3 for the exact language.

Under 2400.3, does the regulation say the Privacy Officer can further delegate the authority they receive?

The regulation does not specify whether the Privacy Officer may further delegate the authority; it only says the Chairman shall delegate authority to the Privacy Officer to ensure agency-wide compliance.

  • Because 2400.3 is silent on further delegation, agencies should consult internal policies or legal counsel to document any additional delegation.
  • See 2400.3 for the delegation text.

Under 2400.3, what does "ensure agency-wide compliance with this part" cover?

Under 2400.3, "ensure agency-wide compliance with this part" means the Privacy Officer is responsible for overseeing and promoting compliance across the agency with Part 2400, the Regulations Implementing the Privacy Act.

  • That responsibility covers the agency’s policies, procedures, and activities that must conform to the requirements set out in Part 2400.
  • For the governing rule text, see Part 2400 and 2400.3.

Under 2400.3, when was this delegation language published or updated?

The delegation language in 2400.3 includes the Federal Register citation showing it was published on Oct. 15, 2020 (85 FR 65222).

  • That citation appears directly in the regulation text and documents the rulemaking history.
  • See 2400.3 for the citation.

Under 2400.3, who is the "Senior Agency Official for Privacy" and must the Privacy Officer coordinate with them?

Under 2400.3, the regulation requires the Privacy Officer to coordinate as necessary with the Senior Agency Official for Privacy but does not define who that person is.

  • The identity and appointment of the Senior Agency Official for Privacy are typically set by agency policy or other statutes; consult OSHRC internal designations to find the specific person.
  • See 2400.3 for the coordination requirement.

Under 2400.3, does the regulation require the designation and delegation to be in writing?

The regulation does not specify a required form (written or verbal) for the designation and delegation; it simply states that the Chairman shall designate and shall delegate the authority to the Privacy Officer.

  • Although 2400.3 does not mandate documentation format, good practice is to keep a written record of the designation and delegation for accountability and audit purposes.
  • See 2400.3 for the regulatory requirement.

Under 2400.3, does the Privacy Officer’s authority apply to privacy laws beyond Part 2400?

No; under 2400.3 the Chairman delegates authority to the Privacy Officer specifically to ensure agency-wide compliance with this part (Part 2400, Regulations Implementing the Privacy Act).

  • The text limits the delegated authority to compliance with Part 2400. For responsibilities under other privacy statutes or policies, consult those specific authorities and internal agency assignments.
  • See 2400.3 and Part 2400 for scope.

Under 2400.3, what should happen if the Privacy Officer position becomes vacant?

The regulation does not prescribe a temporary succession plan, but under 2400.3 the Chairman is responsible for designating the Privacy Officer, so the Chairman should promptly designate a replacement.

  • While 2400.3 does not set an interim procedure, agencies typically document interim assignments and coordinate with the Senior Agency Official for Privacy as needed.
  • See 2400.3 for the delegation requirement.

Under 2400.3, can the Chairman delegate the Privacy Officer role to a non-OSHRC person or contractor?

No. Under 2400.3, the Chairman shall designate an OSHRC employee as the Privacy Officer, so the designee must be an employee of the agency.

  • The regulation’s language makes clear the Privacy Officer is an internal OSHRC employee rather than an outside contractor.
  • See 2400.3 for the requirement.