Senator · D-NJ
The bill strengthens individuals’ ability to obtain compensation and court-ordered fixes for improper disclosures of personal or medical information, but it increases costs and litigation risk for taxpayers and federal agencies and may leave some late-discovered harms without recourse due to a notice-based filing deadline.
People whose personal or medical information is improperly disclosed can recover statutory damages of at least $50,000 per discrete disclosure, providing substantial direct compensation to victims of privacy violations.
Plaintiffs can recover attorney’s fees and costs, lowering financial barriers to suing the government and increasing the likelihood that harmed individuals can obtain legal representation.
The government can be held to account through waiver of sovereign immunity and courts’ ability to award injunctive or declaratory relief, which can stop further disclosures and push agencies to improve redaction and privacy practices.
Taxpayers and federal agencies may face substantial increased financial liability and litigation burden (statutory damages, settlements, and defensive costs), which could raise government costs, divert agency resources, and prompt over‑redaction or delays in records releases.
The 5-year filing window measured from actual notice may unfairly disadvantage victims who discover disclosures late or face barriers to learning about breaches, limiting access to remedies for some harmed individuals.
Based on analysis of 2 sections of legislative text.
Creates a private right of action (waiving sovereign immunity) and damages for failures to withhold or redact PII or victims’ medical/personal files under the Epstein Files Transparency Act.
Adds a private right of action for people harmed by federal disclosures under the Epstein Files Transparency Act by allowing lawsuits against the United States when a federal officer, employee, or agent fails to withhold or redact personally identifiable or victims’ personal/medical information. Plaintiffs may recover statutory or compensatory damages, attorneys’ fees, and seek injunctive or declaratory relief; the United States waives sovereign immunity for these claims. Lawsuits must generally be started within five years after the plaintiff first learns of the violation (or, for violations already discovered before this law, within five years after enactment). The rule applies to violations occurring on or after November 19, 2025.
Official title: Provide a private cause of action for exposure of personally identifiable information of victims or victims' personal or medical files or similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy in releasing documents under the Epstein Files Transparency Act.
Introduced July 14, 2026 by Cory Anthony Booker · Last progress July 14, 2026