Bill > HR5028

This bill amends the Privacy Act to enhance accountability for federal personnel who intentionally or willfully violate individual privacy protections. The legislation introduces a new definition for "covered special Government employees," which includes high-level government workers (GS-13 or higher, Senior Executive Service, or equivalent positions) who are not advisory committee members or interns. The bill allows individuals to directly sue federal personnel for intentional privacy violations that cause demonstrable harm, removing traditional immunity protections. Specifically, the bill enables federal personnel to be personally liable for damages equal to current statutory limits, with the United States explicitly not being responsible for such payments. Additionally, if Department of Justice attorneys represent federal personnel in such cases and the personnel are found to have engaged in intentional or willful misconduct, the court can order the employee to reimburse the DOJ's representation costs. The bill also grants state attorneys general the authority to bring civil actions on behalf of state residents in cases of intentional privacy violations, operating under the legal principle of parens patriae (acting on behalf of those unable to represent themselves). These provisions aim to create stronger individual accountability and deter potential privacy breaches by federal employees.

Government Affairs

https://www.congress.gov/bill/119th-congress/house-bill/5028/all-info