U.S. Congress Passes The Judicial Redress Act, But Does It Provide Effective Redress?

Introduction

In an uncharacteristically swift move, the United States Congress passed the Judicial Redress Act ("Act") on 20 October 2015. The Act proposes to extend safeguards implemented under the Privacy Act 1974, and, if brought into force, would allow non-U.S. citizens to bring civil actions against United States agencies in certain circumstances. To become law, the Act must now be passed by the Senate and signed by the president.

Scope of the right

At first glance, the Act appears to create a significant new right for non-U.S. citizens to bring actions against United States agencies and to obtain civil remedies arising out of the use of personal information. However, on closer reading, important distinctions emerge between the right created by the Act and the rights granted to United States citizens under the Privacy Act of 1974. The key limitations of the right created by the Act are that: