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Judicial remedies and penalties for violating the privacy by the Government

The Privacy Act, Section 552 A of title 5 of the US Code is the most relevant law that can be
invoked whenever an individual’s privacy is violated by the state or state agencies. For the
purposes of this law, an individual is allowed to bring a civil action in federal district court
whenever an agency fails to comply with the Privacy Act. If it is conveniently proven that the
agency acted in a manner that was “intentional and willful”, the United State Government shall
be liable for “actual damages” sustained by the individual as a result of the government’s failure
to comply with the law.

In the end, the actual damages will be awarded to the plaintiff for intentional or willful refusal by
the agency to comply with the Act.

In a landmark judgment regarding Katz v. United States, 389 US 347 (1967), the Supreme
Court gave its ruling that refined the previous interpretations of the unreasonable search and
th
seizure clause of the 4 Amendment to count immaterial intrusion with technology as a search.

Within common law tort, in order to successfully establish the wrongdoing of a government
agency, a plaintiff must prove the following facts:

1) The defendant (in this case the government or state agencies) owed the plaintiff a legal
duty
2) The defendant violated that duty by failing to exercise reasonable care
3) This failure of duty on the part of defendant caused the plaintiff’s injuries; and
4) The plaintiff suffered harm as a result of defendant action or inaction.

Conclusion

Every citizen needs a certain amount of privacy for his or her emotional well-being. The
government itself is not above the law and should limit its use of various machinations for
intruding in the lives of individuals. In light of this, the United States Supreme Court declared
that the writers of the U.S. Constitution conferred the right to be let alone — the most
comprehensive of rights and the right most valued by civilized men.

About the Author

Hannah is a teacher by profession and has experience of over 5 years. She has done
graduation on Law. Latest technology and gadgets keeps her mind occupied besides her
professional duties. An avid blogger, Hannah loves to read and write about new technology.

99 Cyber Warnings E-Magazine – June 2017 Edition
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