Sponsors (2)
The bill expands individuals’ and state attorneys general’s ability to hold federal employees personally accountable for intentional or willful records mishandling—strengthening privacy protections and enforcement—while increasing personal liability for federal workers and creating potential staffing, litigation, and cost-shifting risks.
Harmed individuals (e.g., uninsured people and patients with chronic conditions) can sue the specific federal employee responsible for intentional or willful improper handling of their federal records for monetary relief equal to existing Privacy Act damages.
State attorneys general can sue on behalf of residents to stop intentional or willful Privacy Act violations and obtain relief for harmed residents, giving states a tool to enforce privacy protections.
More people (including immigrants and others whose harms were not previously labeled “adverse to the individual”) can bring actionable claims because the bill removes the 'adverse to the individual' requirement, broadening who is protected.
Federal employees (including senior special employees) face greater personal financial liability for record-handling mistakes, even when defended by DOJ, exposing individuals to significant out-of-pocket risk.
Agencies may be less willing to assign or rely on senior special Government employees because of personal-liability risk, which could disrupt staffing, reduce access to expertise, and complicate operations.
The change encourages more suits against individual employees rather than the government, likely increasing litigation volume, inconsistent outcomes across districts, and costs borne by taxpayers.
Based on analysis of 2 sections of legislative text.
Amends the Privacy Act to create a new private cause of action against federal personnel (including certain high‑level special Government employees) for intentional or willful violations described in specified Privacy Act provisions, removes a limiting phrase from those provisions to broaden applicability, and gives state attorneys general parens patriae authority to sue on behalf of residents. Remedies are personal monetary damages (limited to the amount already authorized under the Privacy Act), the United States is not liable for those damages, immunity is not a defense for the federal personnel, and personnel must reimburse DOJ for defense costs if found to have engaged in the prohibited conduct.
Introduced August 22, 2025 by Dave Min · Last progress August 22, 2025