-----Original Message----- From: janice@e-mailamerica.net Date: Tue, 24 Feb 2004 14:32:50 To:Dave Farber <dave@farber.net> Subject: Ruling on Doe v Chao [ for IP list] Dave, The Supreme Court handed down its decision on the important Doe v Chao case today; please see attached. -- Court Protects Gov't From Privacy Suits Associated Press Tue Feb 24,12:29 PM ET WASHINGTON - The Supreme Court made it tougher Tuesday to make the government pay for revealing someone's Social Security (news - web sites) number and other personal information. Justices ruled 6-3 against a coal miner who sought $1,000 in damages after his Social Security number was revealed. He sued under the Privacy Act, a 1974 law which prohibits routine data collection on ordinary Americans and protects people from having their government records intentionally disclosed. The Supreme Court said the Virginia man, known as Buck Doe, had to prove that the government's violation of the privacy law actually harmed him. Justice David H. Souter, writing for the majority, said it is not enough to argue that someone suffers "presumed damages" when information about them is improperly made public. At issue was the Labor Department (news - web sites)'s handling of black lung disease claims. The department used miners' Social Security numbers as case numbers and then published the numbers in reports that became part of computerized legal research databases. In a dissent that was longer than the ruling in the case, Justice Ruth Bader Ginsburg (news - web sites), joined by Justices John Paul Stevens (news - web sites) and Stephen Breyer (news - web sites), said that the miner was emotionally damaged by the government's mistake. He should not have to prove out-of-pocket expenses, Ginsburg said, like fees for credit reports to ensure his identity was not stolen, or costly prescription drugs for anxiety. The case is Doe v. Chao, 02-1377 ------------------------------------- You are subscribed as rah@shipwright.com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ --- end forwarded text -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'