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H.R. 1698IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 4 · H.R. 1698

Private right of action for unauthorized disclosures of protected information

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(a) In general Any entity with a license under section 923 of title 18, United States Code, adversely affected or aggrieved by a disclosure of protected information in violation of the covered disclosure statute or any other applicable Federal law by a Federal agency or a local, tribal, or foreign entity may bring an action in a court of competent jurisdiction against the agency or entity for remedies available under this section. (b) Waiver and abrogation of sovereign immunity Sovereign immunity shall not be a defense in an action under this section. (c) Remedies An entity that prevails on a violation alleged in a claim under this section shall be entitled to— (1) the greater of— (A) triple the amount of damages suffered by the entity, including damages resulting from loss of business income or harm to the reputation of the entity; or (B) $25,000, for each disclosure of each individual piece of protected information in violation of the covered disclosure statute; (2) such punitive damages as the court may allow; and (3) a reasonable attorney’s fee and court costs.

Sec. 4: Private right of action for unauthorized disclosures of protected information · Public Law Tracker