In response to a notice of proposed rulemaking, EPIC has submitted comments to the Drug Enforcement Administration of the Department of Justice, urging the agency to uphold Privacy Act protections, and to not claim broad exemptions from the Privacy Act. The proposed rule would exempt the agency from complying with crucial Privacy Act provisions, including the rights of record access and correction, and the duty to only collect relevant and necessary personal information. The proposed rule would even excuse the agency from any civil liability arising from willful Privacy Act violations. Following the Supreme Court decision in FAA v. Cooper, EPIC has set out proposed changes to the Privacy Act that would compensate individuals for provable nonpecuniary harms caused by willful violations of the Privacy Act. For more information, see EPIC: FAA v. Cooper and EPIC: The Privacy Act of 1974.
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Communications Law and Policy
Jerry Kang and Alan Butler