Sec. 5. Federal Government liability for violations of privacy or civil liberties
242 words·~1 min read·
/bill/114/hr/1560/rh/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If a department or agency of the Federal Government intentionally or willfully violates the privacy and civil liberties guidelines issued by the Attorney General under section 4(b), the United States shall be liable to a person injured by such violation in an amount equal to the sum of— the actual damages sustained by the person as a result of the violation or $1,000, whichever is greater; and reasonable attorney fees as determined by the court and other litigation costs reasonably incurred in any case under this subsection in which the complainant has substantially prevailed.
An action to enforce liability created under this section may be brought in the district court of the United States in— the district in which the complainant resides; the district in which the principal place of business of the complainant is located; the district in which the department or agency of the Federal Government that violated such privacy and civil liberties guidelines is located; or the District of Columbia. No action shall lie under this subsection unless such action is commenced not later than two years after the date of the violation of the privacy and civil liberties guidelines issued by the Attorney General under section 4(b) that is the basis for the action.
A cause of action under this subsection shall be the exclusive means available to a complainant seeking a remedy for a violation by a department or agency of the Federal Government under this Act.