High Court To Weigh Privacy Act Emotional Damages Case

Law360, New York (November 28, 2011, 3:37 PM EST) -- The U.S. Supreme Court will hear arguments Wednesday over whether plaintiffs can seek damages for emotional and mental distress under the Privacy Act, in a case in which the U.S. Social Security Administration revealed to the Federal Aviation Administration that a pilot was HIV positive.

The Privacy Act forbids federal agencies from sharing information about individuals without express consent. This case stems from Operation Safe Pilot, a joint investigation launched in 2002 by the SSA and FAA to suss out potential medical fraud by pilots. The...
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