US Federal

Can I opt out of a federal agency sharing my data for marketing purposes?

Written consent
Required for disclosure
1974
Enacted year
5 U.S.C. § 552a
Statute citation
No marketing
Prohibited use
The Short Answer

Yes, under the Privacy Act of 1974, federal agencies generally cannot disclose your personal information to third parties—including for marketing—without your prior written consent.

What the Law Says

The Privacy Act of 1974 is the primary federal law governing how U.S. government agencies collect, maintain, use, and disseminate personally identifiable information about individuals.

The Act applies to federal agencies and their systems of records — meaning groups of records from which information is retrieved by an individual's name or identifier.

It strictly limits when an agency may disclose personal information to third parties. In particular, it prohibits disclosure without the individual’s prior written consent — with only narrow statutory exceptions (e.g., for law enforcement or routine uses published in the Federal Register).

Marketing is not among those exceptions. So unless you explicitly agree in writing, a federal agency cannot share your data with marketers or commercial entities.

Statutory Text

No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

Privacy Act of 1974, 5 U.S.C. § 552a(b) — Conditions of disclosure

What to Do

1

Review the agency’s System of Records Notice (SORN) — usually published in the Federal Register — to see what data they hold and their stated ‘routine uses’.

2

Submit a written request to the agency specifying that you withhold consent for any disclosure not required by law — especially for marketing or commercial purposes.

3

If you believe your data was shared improperly, file a complaint with the agency’s Privacy Act Officer and consider seeking civil remedies under 5 U.S.C. § 552a(g).

Sources

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.