On February 24, 2016, the US Judicial Redress Act (JR Act) was signed into law. The JR Act permits citizens of designated countries to seek remedies in US courts against US Federal agencies for certain narrowly prescribed breaches of the US Privacy Act, 1974 (Privacy Act) to the same extent, and subject to the same limitations and exceptions as a US citizen.  The JR Act was enacted pursuant to Article 19 of the Data Protection and Privacy Agreement between the European Union and the US (the so-called “Umbrella Agreement”).  The Umbrella Agreement was negotiated for the purpose of enhancing cooperation between the US and EU on criminal matters while also addressing the EU’s concerns about personal information protection.

The JR Act permits a citizen of a designated country to bring a civil action against any US Federal agency that intentionally or wilfully violates the conditions set out in the Privacy Act for disclosure of a record about that person without consent, if that record was transferred from a designated country to a designated US Federal agency for the purpose of preventing, investigating, detecting, or prosecuting a criminal offense (a Covered Record). The JR Act also permits a citizen of a designated country to bring a civil action against a designated US Federal agency for refusing access to, or amendment of, a Covered Record about them.

The US Department of Justice is responsible for designating countries and US Federal agencies for the purposes of the JR Act and the US District Court for the District of Columbia has exclusive jurisdiction over any claim arising under the JR Act.

E-TIPS® ISSUE

16 03 09

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