by Unknown
(2) the direct linking of computerized systems of records maintained
by Federal agencies;
Appendix D: Consumer and Credit Data Privacy Laws
415
(3) the computer matching of records not otherwise authorized by law;
or
(4) the disclosure of records for computer matching except to a Federal,
State, or local agency.
§. 10 Effective Dates
(a) In General—Except as provided in subsection (b), the amendments made by this Act shall take effect 9 months after the date of enactment of this Act.
(b) Exceptions—The amendment made by sections 3(b) [Notice
of Matching Programs—Report to Congress and the Office of
Management and Budget], 6 [Functions of the Director of the Office
of Management and Budget], 7 [Compilation of Rules and Notices],
and 8 [Annual Report] of this Act shall take effect upon enactment.
Privacy Protection Act of 1980 (42 U.S.C. 2000aa)
Title 42 2000 Privacy Protection Act of 1980
Subchapter I—First Amendment Privacy Protection
Subchapter II—Attorney General Guidelines
Subchapter I—First Amendment Privacy Protection
Part A—Unlawful Acts
Part B—Remedies, Exceptions, and Definitions
§ 2000aa. Searches and Seizures by Government
Officers and Employees in Connection with
Investigation or Prosecution of Criminal Offenses
(a) Work Product Materials
Notwithstanding any other law, it shall be unlawful for a govern-
ment officer or employee, in connection with the investigation or
prosecution of a criminal offense, to search for or seize any work
product materials possessed by a person reasonably believed to have
a purpose to disseminate to the public a newspaper, book, broad-
cast, or other similar form of public communication in or affect-
ing interstate or foreign commerce, but this provision shall not
impair or affect the ability of any government officer or employee,
pursuant to otherwise applicable law, to search for or seize such
materials, if
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(1) There is probable cause to believe that the person possessing
such materials has committed or is committing the criminal
offense to which the materials relate, provided, however, that
a government officer or employee may not search for or seize
such materials under the provisions of this paragraph if the
offense to which the materials relate consists of the receipt, pos-
session, communication, or withholding of such materials or
the information contained therein (but such a search or seizure
may be conducted under the provisions of this paragraph if the
offense consists of the receipt, possession, or communication
of information relating to the national defense, classified infor-
mation, or restricted data under the provisions of Section 793,
794, 797, or 798 of Title 18, or Section 2274, 2275, or 2277 of
this title, or Section 783 of Title 50, or if the offense involves
the production, possession, receipt, mailing, sale, distribution,
shipment, or transportation of child pornography, the sexual
exploitation of children, or the sale or purchase of children
under Section 2251, 2251A, 2252, or 2252A of Title 18)
(2) There is reason to believe that the immediate seizure of such
materials is necessary to prevent the death of, or serious bodily
injury to, a human being
(b) Other Documents
Notwithstanding any other law, it shall be unlawful for a govern-
ment officer or employee, in connection with the investigation or
prosecution of a criminal offense, to search for or seize documentary
materials, other than work product materials, possessed by a person
in connection with a purpose to disseminate to the public a news-
paper, book, broadcast, or other similar form of public communica-
tion in or affecting interstate or foreign commerce, but this provision
shall not impair or affect the ability of any government officer or
employee, pursuant to otherwise applicable law, to search for or seize
such materials, if
(1) There is probable cause to believe that the person possessing
such materials has committed or is committing the criminal
offense to which the materials relate, provided, however, that a
government officer or employee may not search for or seize such
materials under the provisions of this paragraph if the offense
to which the materials relate consists of the receipt, possession,
communication, or withholding of such materials or the infor-
mation contained therein (but such a search or seizure may be
conducted under the provisions of this paragraph if the offense
consists of the receipt, possession, or communication of infor-
mation relating to the national defense, classified information,
Appendix D: Consumer and Credit Data Privacy Laws
417
or restricted data under the provisions of Section 793, 794, 797,
or 798 of Title 18, or Section 2274, 2275, or 2277 of this title, or
Section 783 of Title 50, or if the offense involves the produc-
tion, possession, receipt, mailing, sale, distribution, shipment,
or transportation of child pornography, the sexual exploita-
tion of children, or the sale or purchase of children under
Section 2251, 2251A, 2252, or 2252A of title 18)
(2) There is reason to believe that the immediate seizure of such
materials is necessary to prevent the death of, or serious bodily
injury to, a human being
(3) There is reason to believe that the giving of notice pursuant to
a subpoena duces tecum would result in the destruction, altera-
tion, or concealment of such materials
(4) Such materials have not been produced in response to a court
order directing compliance with a subpoena duces tecum
(A) All appellate remedies have been exhausted
(B) There is reason to believe that the delay in an investigation
or trial occasioned by further proceedings relating to the
subpoena would threaten the interests of justice
(c) Objections to Court-Ordered Subpoenas; Affidavits
In the event a search warrant is sought pursuant to paragraph
(4)(B) of subsection (b) of this section, the person possessing the
materials shall be afforded adequate opportunity to submit an affi-
davit setting forth the basis for any contention that the materials
sought are not subject to seizure.
§ 2000aa-5. Border and Customs Searches
This chapter shall not impair or affect the ability of a government officer or employee, pursuant to otherwise applicable law, to conduct searches
and seizures at the borders of, or at international points of, entry into the United States in order to enforce the customs laws of the United States.
§ 2000aa-6. Civil Actions by Aggrieved Persons
(a) Right of Action
A person aggrieved by a search for or seizure of materials in violation
of this chapter shall have a civil cause of action for damages for such
search or seizure
(1) Against the United States, against a state that has waived its sov-
erei
gn immunity under the Constitution to a claim for damages
resulting from a violation of this chapter, or against any other
governmental unit, all of which shall be liable for violations of
this chapter by their officers or employees while acting within
the scope or under color of their office or employment
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(2) Against an officer or employee of a state who has violated this
chapter while acting within the scope or under color of his office
or employment, if such state has not waived its sovereign immu-
nity as provided in paragraph (1)
(b) Good Faith Defense
It shall be a complete defense to a civil action brought under
paragraph (2) of subsection (a) of this section that the officer or
employee had a reasonable good faith belief in the lawfulness of
his conduct.
(c) Official Immunity
The United States, a state, or any other governmental unit liable
for violations of this chapter under subsection (a)(1) of this section
may not assert as a defense to a claim arising under this chapter the
immunity of the officer or employee whose violation is complained
of or his reasonable good faith belief in the lawfulness of his con-
duct, except that such a defense may be asserted if the violation com-
plained of is that of a judicial officer.
(d) Exclusive Nature of Remedy
The remedy provided by subsection (a)(1) of this section against
the United States, a state, or any other governmental unit is exclu-
sive of any other civil action or proceeding for conduct consti-
tuting a violation of this chapter against the officer or employee
whose violation gave rise to the claim or against the estate of such
officer or employee.
(e) Admissibility of Evidence
Evidence otherwise admissible in a proceeding shall not be excluded
on the basis of a violation of this chapter.
(f) Damages; Costs and Attorneys’ Fees
A person having a cause of action under this section shall be
entitled to recover actual damages but not less than liquidated
damages of $1000, and such reasonable attorneys’ fees and other
litigation costs reasonably incurred as the court, in its discretion,
may award, provided, however, that the United States, a state, or
any other governmental unit shall not be liable for interest prior
to judgment.
(g) Attorney General; Claims Settlement; Regulations
The attorney general may settle a claim for damages brought
against the United States under this section and shall promulgate
regulations to provide for the commencement of an administra-
tive inquiry following a determination of a violation of this chapter
by an officer or employee of the United States and for the imposi-
tion of administrative sanctions against such officer or employee,
if warranted.
Appendix D: Consumer and Credit Data Privacy Laws
419
(h) Jurisdiction
The district courts shall have original jurisdiction of all civil actions arising under this section.
§ 2000aa-7. Definitions
(a) “Documentary materials,” as used in this chapter, means materials upon which information is recorded and includes, but is not limited
to, written or printed materials, photographs, motion picture films,
negatives, video tapes, audio tapes, and other mechanical y, magneti-
cal y, or electronical y recorded cards, tapes, or disks, but does not
include contraband or the fruits of a crime or things otherwise crimi-
nal y possessed, or property designed or intended for use, or which is
or has been used as, the means of committing a criminal offense.
(b) “Work product materials,” as used in this chapter, means materials, other than contraband or the fruits of a crime or things otherwise criminal y possessed, or property designed or intended for use, or which is
or has been used, as the means of committing a criminal offense, and
(1) In anticipation of communicating such materials to the public,
are prepared, produced, authored, or created, whether by the
person in possession of the materials or by any other person
(2) Are possessed for the purposes of communicating such materi-
als to the public
(3) Include mental impressions, conclusions, opinions, or theories of the person who prepared, produced, authored, or created
such material
(c) Any other governmental unit, as used in this chapter, includes the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any local government,
unit of local government, or any unit of state government.
Subchapter II—Attorney General Guidelines
§ 2000aa-11. Guidelines for Federal Officers and Employees
§ 2000aa-12. Binding Nature of Guidelines, Disciplinary Actions for
Violations, and Legal Proceedings for Noncompliance Prohibited
§ 2000aa-11. Guidelines for Federal Officers and Employees
(a) Procedures to Obtain Documentary Evidence; Protection of Certain
Privacy Interests
The attorney general shal , within six months of October 13, 1980,
issue guidelines for the procedures to be employed by any federal offi-
cer or employee, in connection with the investigation or prosecution
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of an offense, to obtain documentary materials in the private pos-
session of a person when the person is not reasonably believed to
be a suspect in such offense or related by blood or marriage to such
a suspect and when the materials sought are not contraband or the
fruits or instrumentalities of an offense. The attorney general shall
incorporate in such guidelines
(1) A recognition of the personal privacy interests of the person in
possession of such documentary materials
(2) A requirement that the least intrusive method or means of
obtaining such materials be used, which do not substantially
jeopardize the availability or usefulness of the materials sought
to be obtained
(3) A recognition of special concern for privacy interests in cases
in which a search or seizure for such documents would intrude
upon a known confidential relationship such as that which may
exist between clergyman and parishioner, lawyer and client, or
doctor and patient
(4) A requirement that an application for a warrant to conduct a
search governed by this subchapter be approved by an attorney
for the government, except that in an emergency situation, the
application may be approved by another appropriate supervisory
official if, within 24 hours of such emergency, the appropriate
United States Attorney is notified
(b) Use of Search Warrants; Reports to Congress
The attorney general shall collect and compile information on and
report annually to the committees on the judiciary of the Senate and
the House of Representatives on the use of search warrants by fed-
eral officers and employees for documentary materials described in
subsection (a)(3) of this section.
§ 2000aa-12. Binding Nature of Guidelines;
Disci
plinary Actions for Violations; Legal
Proceedings for Noncompliance Prohibited
Guidelines issued by the attorney general under this subchapter shall have the full force and effect of Department of Justice regulations, and any
violation of these guidelines shall make the employee or officer involved subject to appropriate administrative disciplinary action. However, an
issue relating to the compliance, or the failure to comply, with guidelines issued pursuant to this subchapter may not be litigated, and a court may
not entertain such an issue as the basis for the suppression or exclusion of evidence.
Appendix D: Consumer and Credit Data Privacy Laws
421
Employee Polygraph Protection Act
(EPPA) (29 U.S.C. 2001–2009)
§ 2001. Definitions
As used in this chapter,
(1) Commerce
The term commerce has the meaning provided by Section 203 (b) of
this title.
(2) Employer
The term employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee or prospective employee.
(3) Lie detector
The term lie detector includes a polygraph, deceptograph, voice
stress analyzer, psychological stress evaluator, or any other similar
device (whether mechanical or electrical) that is used, or the results
of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
(4) Polygraph
The term polygraph means an instrument that
(A) Records continuously, visually, permanently, and simultane-
ously changes in cardiovascular, respiratory, and electroder-
mal patterns as minimum instrumentation standards
(B) Is used, or the results of which are used, for the purpose of
rendering a diagnostic opinion regarding the honesty or dis-
honesty of an individual
(5) Secretary
The term Secretary means the Secretary of Labor.
§ 2002. Prohibitions on Lie Detector Use
Except as provided in Sections 2006 and 2007 of this title, it shall be unlawful for any employer engaged in or affecting commerce or in the production of goods for commerce
(1) Directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test
