| − | The '''Privacy Act''' of 1974, codified at 5 [[U.S.C.]] § 552a, is a federal law that protects individuals against misuse by government of their personal information. It creates private rights to sue the federal government both for damages and for injunctive relief, such as correcting information in, or removing it from, federal databases. More than 10,000 federal court decisions, and more than 1,000 state court decisions, discuss or decide issues relating to the Privacy Act. | + | The '''Privacy Act''' of 1974, codified at 5 [[U.S.C.]] § 552a, is a federal law that protects individuals against misuse by government of their personal information, and also confers a special right for every individual to obtain a copy of the information being held in government files about him:<ref>The Act, however, provides certain exemptions and exceptions. See id. § 552a(d)(5). These include exemptions that prevent disclosure of information compiled in reasonable anticipation of a civil action or proceeding and of investigatory material compiled for law enforcement purposes. See id. § 552a(k)(2). The threshold issue, however, is whether the [record] was maintained in a system of records under the Privacy Act because 'the determination that a system of records exists triggers virtually all of the other substantive provisions of the Privacy Act, such as an individual's right to receive copies[.]" Henke v. U.S. Dep't of Commerce, 83 F.3d 1453, 1459, 317 U.S. App. D.C. 405 (D.C. Cir. 1996)." ''Augustus v. McHugh'', 825 F. Supp. 2d 245, 255-56 (D.D.C. 2011).</ref> |
| | + | The Privacy Act creates private rights to sue the federal government both for damages and for injunctive relief, such as correcting information in, or removing it from, federal databases. More than 10,000 federal court decisions, and more than 1,000 state court decisions, discuss or decide issues relating to the Privacy Act. |
| | The Privacy Act applies exclusively against federal agencies. ''See Schmitt v. City of Detroit'', 395 F.3d 327, 328 (6th Cir. 2005). There is no right of action against a municipal or state agency under the Privacy Act. ''See Pennyfeather v. Tessler'', 431 F.3d 54, 56 (2d Cir. 2005). Courts are exempt from the Privacy Act also. ''See'' 5 U.S.C. § 551(1)(B) (excluding federal courts of the United States from the definition of "agency") | | The Privacy Act applies exclusively against federal agencies. ''See Schmitt v. City of Detroit'', 395 F.3d 327, 328 (6th Cir. 2005). There is no right of action against a municipal or state agency under the Privacy Act. ''See Pennyfeather v. Tessler'', 431 F.3d 54, 56 (2d Cir. 2005). Courts are exempt from the Privacy Act also. ''See'' 5 U.S.C. § 551(1)(B) (excluding federal courts of the United States from the definition of "agency") |