. fails to make a record available to an individual (or a person accompanying him), fails to amend an individual's records, or fails to review its refusal to amend a record. The individual may bring a civil action to require the Department to comply with the Act and the court may assess reasonable attorney's fees and other litigation costs when the complainant substantially prevails, or
. fails to maintain an individual's records accurately or to comply with any requirement of the Privacy Act or rules, and this action or admission has an "adverse effect" on the individual, and the "adverse effect" is causually related to the action or omission. The individual may bring a civil action which could require the Department to pay attorney's fees, other litigation costs, and damages never less than $1,000.
Criminal Penalties - The Privacy Act prescribes criminal penalties, including fines up to $5,000, against:
. any Federal Officer or employee who violates the provisions of the Privacy Act; and
. any person who requests or obtains any Privacy Act records from an agency under false pretenses.
With respect to these criminal penalties, it should be noted that Federal officers and employees are personally liable on an INDIVIDUAL basis, that no Federal bonding protection is available, and that no Federal legal counsel will be provided to aid a person charged with violating the Act. Of course, legal advice is available, and sometimes required, on whether a contemplated action would be consistent with the Act.
Privacy Act Officer - individual responsible for serving as a focal point for Privacy Act matters within NOAA and providing liaison assistance between the unit and the Assistant Secretary for Administration.
Privacy Act Record - any record as defined in section (a)(4) of the Privacy Act, which is maintained in a system of records.
Privacy Act System of Records - any system of records as defined in section (a)(5) of the Privacy Act and noted in the FEDERAL REGISTER either by the Department of Commerce or by another Federal agency.
System Manager - official or employee identified in a published notice of a Privacy Act System as the responsible manager of the system within NOAA.
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