Advanced Criminal Investigations and Intelligence Operations

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  (2) the direct linking of computerized systems of records maintained

  by Federal agencies;

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  (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,

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  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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  Appendix D: Consumer and Credit Data Privacy Laws

  (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.

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  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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  Appendix D: Consumer and Credit Data Privacy Laws

  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.

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  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

 

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