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is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains subject to 1.U.S. C. 5. 52ab.Federal officials handling personal information are bound by the Privacy Act not to disclose any personal information and to take certain precautions to keep personal information confidential.Irda Exam Hall Ticket Download 2015 Taxes '>Irda Exam Hall Ticket Download 2015 Taxes .Big Ridge, Inc. Fed.Mine Safety Health Review Commn, 7.F.Cir.A disclosure can be by any means of communication written, oral, electronic, or mechanical.See OMB Guidelines, 4.Fed.Reg. 2. 8,9.July 9, 1.Speaker v. HHS Ctrs.Disease Control Prevention, 6.F.Cir. 2. 01. 0 Numerous courts have held that the Privacy Act protects against improper oral disclosures.Jacobs v.Natl Drug Intelligence Ctr., 4.F.Cir. 2. 00. 5 rejecting argument that the Privacy Act only protects against the disclosure of a physical document that is contained in a system of records and holding that damaging information.Orekoya v.Mooney, 3.F. 3d 1, 6 1st Cir.The Privacy Act prohibits more than dissemination of records themselves, but also nonconsensual disclosure of any information that has been retrieved from a protected record.Bartel v.FAA, 7.F. 2d at. Boyd v.United States, 9.F.Supp. 2d 8. 30, 8.S.D. Ohio 2. 01.While the term disclosure is not defined by the statute, it has been interpreted broadly Cloonan v.Holder, 7. Como Configurar Outlook Express En Windows Xp . F. Supp.D. D. C. 2.The Privacy Act goes beyond the mere dissemination of the physical records to prohibit nonconsensual disclosure of any information that has been retrieved from a protected record.Bartel v.FAA, 7.F. 2d at 1.Chang v.Navy, 3. F.Supp.D. D. C. 2. 00.Disclosure encompasses release of the contents of a record by any means of communication, 5 U.S.C. 5. 52ab, and not just the mere physical dissemination of records or copies.Bartel, 7.F. 2d at 1.Further, disclosure under the Privacy Act may be either the transfer of a record or the granting of access to a record.OMB Guidelines, 4.Fed.Reg. 2. 89. 48, 2.July 9, 1.Wilkerson v. Shinseki, 6.F.Cir. 2. 01. 0 interpreting disclosure under the Privacy Act liberally to include not only the physical disclosure of the records, but also the accessing of private records.A plaintiff has the burden of demonstrating that a disclosure by the agency has occurred.See, e.Askew v. United States, 6.F.Cir. 1. 98. 2 Zerilli v.Smith, 6.F. 2d 7.D. C. Cir.Boyd v. United States, 9.F.Supp. 2d 8. 30, 8.S.D. Ohio 2. 01.Hernandez v.Johnson, 5.F. Appx 4.Cir. 2. 01. 3 holding that disclosure is not actionable because it identified plaintiff only by his first name and neither recipient knew who Jaime was Luster v.Vilsack, 6.F.Cir. 2. 01. 1 rejecting appellants contention that mere transmission of the documents to a fax machine at which unauthorized persons might have viewed the documents constitutes a prohibited disclosure affirming district courts ruling that appellant failed to establish a prohibited disclosure and stating As the district court noted, appellant cites no authority to suggest that the possibility that a record might be revealed to unauthorized readers by negligent or reckless transmission is sufficient to constitute a prohibited disclosure under the Act,.Whyde v.Rockwell Intl Corp., 1.F.Appx 9. 97, 1.Cir.Brown v. Snow, 9.F.Appx 3. 69, 3.Cir.Lennon v.Rubin, 1.F. 3d 6, 1.Cir. 1.Russell v.Potter, No.CV 2.WL 1. 37. 51.N.D. Tex. Mar. 4, 2.Postal Service, received rather than disclosed the information in question Collins v.FBI, No.WL 1. 62. 70. 25, at D.N.J. Apr. 2. 8, 2.Plaintiff or what the person did, is insufficient Roggio v.FBI, No.WL 2.D. N. J. Aug.FBI, as opposed to some other law enforcement body, disclosed one plaintiffs rap sheet on the Internet, where plaintiffs based their allegation on.Internet posting contained some expunged information, reconsideration denied, No.WL 2.D.N. J. Aug. 2. 6, 2.Walia v.Chertoff, No.WL 5.E. D. N. Y. Dec. 1.Privacy Act because plaintiff alleged merely that records were accessible to other individuals in an office, rather than that they were actually disclosed Buckles v.Indian Health Serv., 3.F.Supp. 2d 1. 06.D.N. D. 2. 00. 4 finding that plaintiffs failed to prove, by preponderance of the evidence, that IHS disclosed protected information where plaintiffs did not have personal knowledge that the memorandum was disclosed and witnesses at trial denied disclosing or receiving memorandum Meldrum v.USPS, No.CV1.N. D. Ohio Jan.No. 9. 9 3. 39. 7, 2.WL 1.Cir.Sept. 2. 5, 2.But cf. Speaker, 6.F.CDC was the source of the disclosures Ciralsky v.CIA, 6.F. Supp.D. D. C. 2.CIA disclosure to unidentified government officials, who were unrelated to the handling of plaintiffs case, was not unacceptably vague and need not include identities of alleged recipients for CIA to understand Plaintiffs charge Tolbert Smith v.Chu, 7.F. Supp.D. D. C. 2.Privacy Act where plaintiff pled that a member of agency management placed records referring and relating to her disability on a server accessible by other federal employees and members of the public.One district court has concluded that when an agency destroys evidence in order to undermine the plaintiffs ability to prove that a disclosure occurred, there will be an adverse inference against the agency.See.Beaven v. DOJ, No.WL 1.E. D. Ky. Mar. 3.Privacy Act, affd in part, revd in part remanded, on other grounds, 6.F.Cir.It has frequently been held that a disclosure under the Privacy Act does not occur if the communication is to a person who is already aware of the information.See, e.Quinn v. Stone, 9.F.Cir.Kline v. HHS, 9.F.Cir. 1. 99. 1 Hollis v.Army, 8.F. 2d 1.D. C. Cir.Reyes v. DEA, 8. 34 F.Cir.Schowengerdt v.Gen.Dynamics Corp., 8.F.Cir. 1. 98. 7 Pellerin v.VA, 7.F. 2d 1.Cir. 1. 98.FDIC v.Dye, 6. 42 F.Cir. 1. 98. 1 Ash v.United States, 6.F.Cir.Barry v. DOJ, 6.F.Supp. 2d 2. 5, 2.D.D. C. 1. 99. 9 Sullivan v.USPS, 9.F. Supp.W. D. N. Y.Viotti v. Air Force, 9.F.Supp. 1. 33. 1, 1.D.Colo. 1. 99. 5, affd, 1.F.Cir.Abernethy v. IRS, 9.F.Supp. 1. 56. 2, 1.N.D. Ga. 1. 99. 5, affd per curiam, No.Cir.Feb. 1. 3, 1.Kassel v.VA, 7. 09 F.Supp.D. N. H. 1. 98. 9 Krowitz v.USDA, 6.F. Supp.W. D. Mich.F. 2d 1. 06. 3 6th Cir.Golliher v.USPS, 3 Govt Disclosure Serv.N.D. Ohio June 1.King v.
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