Following the recent decision of the Supreme Court in FAA v. Cooper, EPIC has set out proposed changes to the Privacy Act that would compensate individuals for provable nonpecuniary harms caused by willful violations of the Privacy Act. In Cooper, the Supreme Court held that the Privacy Act "does not unequivocally authorize" compensatory damages for mental or emotional distress. Justice Sotomayor, joined by Justices Ginsburg and Breyer, wrote in dissent that "the primary, and often only, damages sustained as a result of an invasion of privacy are . . . mental or emotional distress." EPIC recommended that the Privacy Act explicitly define "actual damages" to include provable mental and emotional distress. EPIC's letter follows an earlier request from Senator Daniel Akaka (D-HI) for comment on S.1732, the Privacy Act Modernization for the Information Age Act of 2011.
Please see full letter below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Administrative Law Updates, Civil Remedies Updates, Privacy Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Electronic Privacy Information Center | Attorney Advertising