Readers' Comments
Total Comments: 3
Page 1 of 1
Page 1 of 1
Privacy Act Against TSA for Missing Data Dismissed by Court
Total Comments: 3
Page 1 of 1
Page 1 of 1
Free Email Newsletter
| Close | Change | YTD | |
| G | $13.2114 | +0.0012 | +0.70% |
| F | $13.6201 | -0.0062 | +2.14% |
| C | $13.8116 | -0.0706 | +4.49% |
| S | $17.9282 | -0.1903 | +8.91% |
| I | $18.5079 | -0.0782 | -0.16% |
| Close | Change | YTD | |
| L 2040 | $16.1968 | -0.0789 | +3.59% |
| L 2030 | $15.9593 | -0.0673 | +3.23% |
| L 2020 | $15.7365 | -0.0532 | +2.72% |
| L 2010 | $15.4595 | -0.0197 | +1.57% |
| L Income | $14.0856 | -0.0155 | +1.48% |
March 20, 2010
Search:
Custom Search
Home | About Us | FAQ's |
Site Map | Terms of Use |
Privacy Policy |
RSS 
|
Twitter 
| Mobile
© 2010 FedSmith Inc. All Rights Reserved.
Usual Inaccurate Court Decisions
Commerce
Tue Nov 3, 2009 11:41 AM
Post Reply
Apparently, the court cannot understand nor comprehend the Privacy Act. Of course, maybe because the costs would be astronomical played a part, hmmmmmm?
Re: Usual Inaccurate Court Decisions
HR DOI
Tue Nov 3, 2009 3:23 PM
It is not a strict liability statute- you could argue that it should be, but it is not. The court found the safeguards reasonable as a matter of law and found that there had been no actual damage shown. If you cannot show harm, you cannot win a lawsuit. The statute allows for damages for willful or reckless conduct, but those circumstances were not shown to be present here.
Privacy Act
USAF
Tue Nov 3, 2009 5:58 PM
Post Reply
Most courts require that a case be proved beyond a reasonable doubt or that injury can be proven in some fashion or form. There should also be victims. However these are the penalties, violations which need to be proven.
Penalties for Violating the Act: Civil Remedies
The Privacy Act provides for both civil and criminal penalties for violating certain sections. If an agency refuses to amend an individual's record upon request, the individual can sue in civil court to have the record amended. In this case, the court can also award the individual reasonable attorney's fees and other litigation costs, to be paid by the United States.
If an agency refuses to allow an individual access to his records as required in subsection (d)(1), the individual can sue in civil court to have the records produced. The court that decides this suit will have the ability to review the records "in camera" (privately) to see if the agency has properly claimed one of the exemptions allowed to them. The court can also make the United States pay for reasonable attorney's fees.
If an agency has violated any other section of the Privacy Act, and a court finds that the violation is "intentional or willful," the court can make the United States pay to the individual actual damages suffered as a result of the violation (but in no case shall a person entitled to recovery receive less than the sum of $1,000), along with costs and reasonable attorney's fees.
Penalties for Violating the Privacy Act: Criminal Penalties
If any officer or employee of a government agency knowingly and willfully discloses personally identifiable information will be found guilty of a misdemeanor and fined a maximum of $5,000. Also, if any agency employee or official willfully maintains a system of records without disclosing its existence and relevant details as specified above can be fined a maximum of $5,000. The same misdemeanor penalty (and $5,000 maximum fine) can be applied to anyone who knowingly and willfully requests an individual's record from an agency under false pretenses.
OMB Oversight
The Privacy Act gives the Director of the Office of Management and Budget the power to develop regulations and guidelines on how agencies should implement the Act. Thus, the OMB's interpretations of the language of the Privacy Act hold a great deal of authority.