Judicial Redress Act of 2015
Latest action (24 Feb 2016): Became Public Law No: 114-126.
What this bill does
The Judicial Redress Act of 2015 allows the Department of Justice (DOJ) to designate foreign countries or regional economic organizations whose citizens can sue certain U.S. government agencies. This would enable foreign citizens to access, amend, or correct unlawful disclosures of their records transferred to the U.S. for criminal investigations.
This applies to individuals from countries that have agreements with the U.S. for privacy protections when sharing information, allow commercial data transfers with the U.S., and have data transfer policies that do not harm U.S. national security, as certified by the DOJ. The U.S. District Court for the District of Columbia has exclusive jurisdiction over these cases.
The bill was introduced in 2015 and was signed into law by the President in February 2016. The DOJ's authority to designate countries is not subject to judicial review, and these designations can be revoked if a country fails to meet the established criteria.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
(This measure has not been amended since it was reported to the Senate on February 1, 2016. The summary of that version is repeated here.) Judicial Redress Act of 2015
(Sec. 2) This bill authorizes the Department of Justice (DOJ) to designate foreign countries or regional economic integration organizations whose natural citizens may bring civil actions under the Privacy Act of 1974 against certain U.S. government agencies for purposes of accessing, amending, or redressing unlawful disclosures of records transferred from a foreign country to the United States to prevent, investigate, detect, or prosecute criminal offenses.
The citizens of such countries or organizations may bring a civil action against: (1) U.S. agencies that intentionally or willfully violate conditions for disclosing records without the consent of the individual to whom the record pertains; and (2) U.S. agencies designated by DOJ, with the concurrence of the agency, that refuse an individual's request to review or amend his or her records.
DOJ, with the concurrence of the Department of State, the Department of the Treasury, and the Department of Homeland Security, may designate countries or organizations whose citizens may pursue such civil remedies if the person's country or organization: (1) has appropriate privacy protections for sharing information with the United States, as provided for in an agreement with the United States or as determined by DOJ; (2) permits the transfer of personal data for commercial purposes between its territory and the United States; and (3) has DOJ-certified data transfer policies that do not impede U.S. national security interests.
A country's designation may be revoked if it: (1) is not complying with a privacy protection agreement, (2) no longer has appropriate privacy protections for sharing information, (3) fails to meet requirements for transfers of personal data for commercial purposes, (4) no longer meets the DOJ's transfer policy certification requirements, or (5) impedes the transfer of information to the United States (for purposes of reporting or preventing unlawful activity) by a private entity or person.
DOJ's designations are exempt from judicial or administrative review.
The U.S. District Court for the District of Columbia is granted exclusive jurisdiction over any claim arising under this Act.
Timeline
24 Feb 2016
Became Public Law No: 114-126.
Common questions
- What does H.R. 1428 do?
- The Judicial Redress Act of 2015 allows the Department of Justice (DOJ) to designate foreign countries or regional economic organizations whose citizens can sue certain U.S. government agencies. This would enable foreign citizens to access, amend, or correct unlawful disclosures of their records transferred to the U.S. for criminal investigations. This applies to individuals from countries that have agreements with the U.S. for privacy protections when sharing information, allow commercial data transfers with the U.S., and have data transfer policies that do not harm U.S. national security, as certified by the DOJ. The U.S. District Court for the District of Columbia has exclusive jurisdiction over these cases. The bill was introduced in 2015 and was signed into law by the President in February 2016. The DOJ's authority to designate countries is not subject to judicial review, and these designations can be revoked if a country fails to meet the established criteria.
- Has H.R. 1428 become law?
- Yes. H.R. 1428 has been enacted. Status last updated 24 Feb 2016.
- Who sponsored H.R. 1428?
- H.R. 1428 was sponsored by Rep. Sensenbrenner, F. James, Jr. [R-WI-5] (R-WI), with 3 cosponsors.
- What's the latest action on H.R. 1428?
- Became Public Law No: 114-126. (24 Feb 2016).
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