H.R. 9716

PRIVACY Act

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Sec. 8. Enforcement

(a) Civil action. Any person with respect to whom the head of a Federal law enforcement agency obtains covered surveillance data in violation of this Act may bring a civil action in an appropriate United States district court against the United States, any Federal law enforcement agency, or officer or employee thereof acting in an official capacity, for declaratory and injunctive relief, actual damages, and reasonable attorney’s fees and costs. Sovereign immunity is waived to the extent necessary to provide such relief.

(b) Administrative sanctions. An employee of a Federal law enforcement agency who knowingly or recklessly violates this Act shall be subject to appropriate administrative sanctions, including suspension, termination, and referral to the Office of Professional Responsibility of the applicable Federal law enforcement agency.

(c) Inspector general oversight. The Inspector General of each Federal law enforcement agency shall conduct periodic audits of the compliance of the relevant Federal law enforcement agency with this Act and shall report their findings and recommendations to the Attorney General and to the Committees on the Judiciary of the House of Representatives and of the Senate.