Ruling on Doe v Chao [ for IP list]

[Dave Farber <dave () farber net>]

-----Original Message-----
From: janice () e-mailamerica net
Date: Tue, 24 Feb 2004 14:32:50 
To:Dave Farber <dave () farber net>
Subject: Ruling on Doe v Chao [ for IP list]

Dave,

The Supreme Court handed down its decision on the important Doe v Chao 
case today; please see attached. --




Court Protects Gov't From Privacy Suits
Associated Press
Tue Feb 24,12:29 PM ET

WASHINGTON - The Supreme Court made it tougher Tuesday to make the 
government pay for revealing someone's Social Security (news - web 
sites) number and other personal information.

Justices ruled 6-3 against a coal miner who sought $1,000 in damages 
after his Social Security number was revealed. He sued under the 
Privacy Act, a 1974 law which prohibits routine data collection on 
ordinary Americans and protects people from having their government 
records intentionally disclosed.

The Supreme Court said the Virginia man, known as Buck Doe, had to 
prove that the government's violation of the privacy law actually 
harmed him.

Justice David H. Souter, writing for the majority, said it is not 
enough to argue that someone suffers "presumed damages" when 
information about them is improperly made public.

At issue was the Labor Department (news - web sites)'s handling of 
black lung disease claims. The department used miners' Social Security 
numbers as case numbers and then published the numbers in reports that 
became part of computerized legal research databases.

In a dissent that was longer than the ruling in the case, Justice Ruth 
Bader Ginsburg (news - web sites), joined by Justices John Paul Stevens 
(news - web sites) and Stephen Breyer (news - web sites), said that the 
miner was emotionally damaged by the government's mistake.

He should not have to prove out-of-pocket expenses, Ginsburg said, like 
fees for credit reports to ensure his identity was not stolen, or 
costly prescription drugs for anxiety.

The case is Doe v. Chao, 02-1377

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