Jafta J first judgment - minority:
This subsection is not violated so long as the maintenance of the information at issue is relevant and necessary to accomplish a legal purpose of the agency. United States, F. July 3, ; NTEU v. The leading cases under this provision are Waters v.
June 30, ; Merola v. In addition, the Court of Appeals for the Sixth Circuit relied on Brune and the OMB Guidelines, referenced below, to hold that subsection e 2 had not been violated by an investigator looking into charges of misconduct by an Assistant U.
Attorney who had interviewed others before interviewing her. See also Carton v.
June 12, ; Jacobs v. For other decisions concerning this provision, see Olivares v. Jan 12, ; McCready v. July 3, finding subsection e 2 requirements satisfied where information contained in records was derived from other records containing information collected directly from individual.
The OMB Guidelines suggest several factors to be evaluated in determining whether it is impractical to contact the subject first.
OMB Guidelines, 40 Fed. The OMB Guidelines also note that subsection e 3 is applicable to both written and oral i. There is some authority for the proposition that subsection e 3 is inapplicable when an agency solicits information about an individual from a third party.
The practice of not providing notice to third parties was condemned by the Privacy Protection Study Commission, see Privacy Commission Report atavailable at http: May 23, finding that the IRS sufficiently gave notice pursuant to subsection e 3 A by citing section of the Internal Revenue Code as authority for its field examination ; cf.
EDCVslip op. In addition, it has been held in many criminal cases that subsection e 3 D does not require an agency to provide notice of the specific criminal penalty that may be imposed for failure to provide information.
Although Privacy Act system notices are spread throughout the Federal Register, the Office of the Federal Register publishes a biennial compilation of all such system notices.
The only case to discuss the requirements of subsection e 4 in any depth is Pippinger v. The database was used by the IRS to record all disciplinary action proposed or taken against any IRS employee and contained a limited subset of information from two existing Privacy Act systems that the IRS had properly noticed in the Federal Register.
This provision along with subsections e 1 and e 7 sets forth the standard to which records must conform in the context of an amendment lawsuit, as well as in the context of a lawsuit brought under subsection g 1 C for damages. In theory, a violation of this provision or any other part of the Act could also give rise to a damages action under 5 U.
The discussion of subsection e 5below, includes citations to numerous cases involving such claims. Note, though, that it was not until that the BOP exempted many of its systems of records — among them, notably, the Inmate Central Records System — from subsection e 5 pursuant to subsection j 2.
This came about as a result of Sellers v. Accordingly, the damages remedy available to the plaintiff in Sellers is no longer applicable. Bureau of Prisons, F. June 9, ; Fisher v. June 3,adopted, WL M. Courts have disagreed, however, on whether to permit claims that arose before August 9,but were filed after that date to go forward.
See also Skinner v. Erroneous facts — as well as opinions, evaluations, and subjective judgments based entirely on erroneous facts — can be amended. Air Force, F. Many courts have held that pure opinions and judgments are not subject to amendment.
July 6, ; Enigwe v. May 12, ; Blazy v. May 12, ; Gowan v.
July 13, ; Nolan v. July 17,appeal dismissed in pertinent part on procedural grounds, F. July 8, ; Brumley v. May 23, ; Rogers v.Legal Services Act repealed, on 1 July , by section of the Legal Services Act ( No 4).
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