Who do we trust? The United States Postal Service (USPS)? In a 2004 nationwide Privacy Trust Survey that examined 60 government agencies, the USPS is ranked No. 1 as the folks who will protect our privacy and personal information the most. To a point that is true.

The UPSP is seriously committed to the privacy and security of the mail. It's at the core of their branding and the cornerstone of their success. That trust begins with the relationship between citizens and the people who deliver their mail - the most valuable, effective and trusted means of communication.

But what about other business you may transact with at the Post Office? Did you know that if you purchase a money order, wire transfer, or stored value card for more than $3,000 you need to fill out a form 8105-A? The 8105-A is the government required anti-money laundering form which requests your date of birth, occupation and driver's license or other government-issued ID. And, if you decide to cancel that purchase and request a smaller amount because you do not wish to reveal that information, the clerk automatically should fill out Form 8105-B, the anti-terrorism 'Suspicious Activity Report'. That report is to include whatever information the clerk can obtain from behind the counter without alerting you, the customer. Perhaps it would include your car and license plate number, physical description and bank card numbers. What constitutes 'suspicious activity'? That is not really defined in the act- it is left up to the clerk.

You may not know this, but the USPS is considered a financial institution, subject to the provisions of the U.S. Department of the Treasury Bank Secrecy Act and Financial Crimes Enforcement Network -- just like banks, casinos, check cashing services and securities brokers/dealers. Last year there were about 40,000 Suspicious Activity Reports filed by the USPS.

Where does privacy fit into all of this? Well, in the Bank Secrecy Act it really doesn't. At this time there is neither notification given to the party reported nor any consequences for unsubstantiated filings. In fact it is a federal crime for a postal employee to notify a customer that a report has been made. According to the Act, "While the Privacy Act provides for the release of certain information, the portion of the Bank Secrecy Act dealing with suspicious activity states that a financial institution (in this case the Postal Service) may not notify any person involved in the suspicious transaction that the transaction has been reported (31 U.S.C. 5318(g)(2))." Therefore, it would be contrary to the statutory mandates concerning collection of this information to provide notification thereof. It is the Postal Service's understanding that the 'non-notification' clause in the Bank Secrecy Act supersedes the provision for the release of information in the Privacy Act.

These Suspicious Activity Reports are suppose to eventually get destroyed "either by shredding, burning, or other acceptable method of destruction five (5) years from the end of the accounting period in which they were created."

What can you do to protect yourself and your privacy during your financial transactions at the Post Office? Don't wear a trench coat. Don't carry a shopping bag full of cash and count it out while standing in line. Finally, don't glance furtively around the building while waiting for your turn to complete your transaction. Know "They" are watching. Protect your privacy…stay aware and stay alert.

Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc. a San Diego based consulting firm. Her team of Privacy Gurus® work with you to create policies and procedures to establish the expectation of privacy for your members, clients, customers, prospects, affiliates, associates, employees and vendors. You can reach her at (619)670-9462 or Darity@privacygurus.com