In reality, the beta version jammed through a few months ago will, unless delayed and fixed, inflict on the public the most widespread violation of the Privacy Act in our history. Almost a year ago both I and the IRS commissioner raised strong legal objections to the Office of Management and Budget (OMB), which has statutory oversight responsibilities for the Privacy Act. As of the time of my resignation as commissioner of Social Security last February, OMB lawyers could not bring themselves to bless a portal in which I could change Donald Trump’s health insurance and he could change mine.
Incredibly, at the time of our appeal, no senior legal official at HHS had reviewed the legal issues raised by this feature of the ACA. It is my understanding that OMB, despite the recent furor over this administration’s lack of respect for the privacy of citizens, has ordered agencies to bulldoze through the Privacy Act by invoking an absurdly broad interpretation of the Privacy Act’s “routine use” exemption.
Read the whole thing here.