Supreme Court: FAA vs. Cooper Damages

摘要

When Congress put together the Privacy Act of 1974, Public Law No. 93-579, it included specific language providing for damages to be paid by the government when some agency violates the Act when dealing with the personal privacy of a citizen. The federal law allows an individual to sue the agencies concerned by creating a private cause of action for its willful and or intentional violation. Congress clearly sought to provide safeguards for citizens against breach of their personal privacy for any misappropriation or mismanagement of personal information that might be in government records. The only way to enforce it was to include a provision for damages to be paid to the aggrieved citizens. The specific language of the statute protects against threats and hazards that might result in "... substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained." This of course includes just about every citizen. In order to maintain such confidentiality, the Act controls the disclosure of any information from one agency to another and to third parties. Before any information is exchanged between agencies prior written consent of the person concerned is required by the law.