10 CFR 1008.15 – Civil remedies
Subsection (g) of the Act provides that an individual may bring suit against the DOE for a violation of the Privacy Act, as follows:
Terms Used In 10 CFR 1008.15
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(a) If the DOE refuses to grant a request for access to an individual’s records, the court may order the DOE to provide the individual with access to his or her records and award reasonable litigation costs and attorney’s fees.
(b) If the DOE refuses to amend a record or fails to review an amendment request as required by subsection (d)(3) of the Act, the court may order the DOE to make the amendment and award reasonable litigation costs and attorney’s fees.
(c) If the DOE makes an adverse determination based on a record which is not maintained in an accurate, timely, relevant, and complete manner, the individual may be awarded actual damages of at least $1,000. In order to prevail, the individual must show that:
(1) The DOE’s action was willful and intentional; and
(2) The adverse determination was based on the faulty record.
(d) If the DOE fails to comply with any other provision of the Privacy Act or agency rule promulgated under the Act, in such a way as to have an adverse effect on the individual, the court may award actual damages of at least $1,000. In order to prevail, the individual must show that:
(1) The DOE’s action was willful and intentional; and
(2) The agency’s action had an adverse effort on the individual; and
(3) The adverse effect was causally related to the DOE’s action.