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| | The Privacy Act also prohibits a federal agency from disclosing any record which is contained in a system of records to any other agency or person without permission from the individual to whom the record pertains. ''See'' 5 U.S.C. § 552a(b). | | The Privacy Act also prohibits a federal agency from disclosing any record which is contained in a system of records to any other agency or person without permission from the individual to whom the record pertains. ''See'' 5 U.S.C. § 552a(b). |
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| − | The Privacy Act generally prohibits the federal government from maintaining a record against someone that consists of his exercise of his [[First Amendment]] right of free speech, unless it pertains to and within the scope of an authorized law enforcement activity. ''See'' 5 U.S.C. § 552a(e)(7). Section § 552a(a)(3) defines to "maintain" as to "collect, maintain, use [or] disseminate." | + | The Privacy Act generally prohibits the federal government from maintaining a record against someone that consists of his exercise of his [[First Amendment]] right of free speech, unless it pertains to and within the scope of an authorized law enforcement activity. ''See'' 5 U.S.C. § 552a(e)(7). Section § 552a(a)(3) defines to "maintain" as to "collect, maintain, use [or] disseminate."<ref>''See J. Roderick MacArthur Found. v. FBI'', 102 F.3d 600, 602 (D.C. Cir. 1996).</ref> |
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| − | J. Roderick MacArthur Found. v. FBI, 102 F.3d 600, 602 (D.C. Cir. 1996) | |
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| | 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 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. |
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| | 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") |
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| | + | Many states have their own independent privacy acts, subjecting state government to obligations to protect privacy. ''See, e.g.'', Washington Privacy Act (Act), Wash. Rev. Code § 9.73. |
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| | == Disclosure == | | == Disclosure == |