In a recent 6-3 opinion, the Supreme Court held that plaintiffs must prove actual damages to receive the minimum statutory award of $1,000 for a Privacy Act violation. See Doe v. Sec’y of Labor, S. Ct. No. 02-1377 (February 24, 2004). In the case, the Petitioner filed a black lung benefits claim with the Department of Labor and the Agency identified the Petitioner by using his Social Security number on a pleading, which was then sent to other claimants, their employers, and their lawyers. Such dissemination of an individual’s Social Security number is a violation of the Privacy Act of 1974. 5 U.S.C.
Fedweek Legal
Federal Legal Corner: Plaintiffs Must Prove Actual Damages To Recover Under Privacy Act
By: fedweek
