An act to limit governmental search and seizure of documentary materials possessed by persons, to provide a remedy for persons aggrieved by violations of the provisions of this Act, and for other purposes.
Latest action (13 Oct 1980): Public Law 96-440.
What this bill does
S. 1790, known as the Privacy Protection Act of 1980, was introduced by Sen. Birch Bayh (D-IN) on September 21, 1979, in the 96th Congress. Based on its title and classification under "Crime and Law Enforcement," the bill was intended to address privacy protections, though the specific provisions, definitions, and mechanisms it established are not available in the materials provided here.
Because the full legislative text has not been published in this summary, it is not possible to describe with certainty which individuals, organizations, or entities the law affects, or precisely how it changes existing law or law enforcement practices. Readers seeking those details should consult the enacted statute directly or official government sources such as Congress.gov.
What is known is the bill's procedural history: it moved through the 96th Congress and was ultimately passed by both chambers. It was signed into law by the President on October 13, 1980, meaning it is now a fully enacted federal statute rather than a pending proposal.
No further legislative action is required, as the bill has completed the process and become law. Any subsequent developments would involve implementation, regulatory action, or later amendments by Congress, none of which are addressed in the information provided.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
(Conference report filed in House, H. Rept. 96-1411) Privacy Protection Act of 1980 - =Title I: First Amendment Privacy Protection= - Permits government employees to search for and seize work product materials possessed by a person reasonably believed to have a purpose to disseminate to the public a form of public communication only if: (1) there is probable cause to believe that the possessor has committed or is committing the criminal offense for which the materials are sought, with specified exceptions; or (2) immediate seizure is necessary to prevent death or bodily injury. Permits government employees to search for or seize documentary materials other than work product materials possessed by a person in connection with a purpose to disseminate to the public a form of public communication only if: (1) there is probable cause to believe that the possessor has committed or is committing the criminal offense to which the materials relate; (2) there is reason to believe that immediate seizure is necessary to prevent death or bodily injury; (3) there is reason to believe that a subpoena duces tecum would result in the destruction or concealment of the materials; or (4) the materials have not been produced in response to a subpoena duces tecum. Gives persons aggrieved by violations of this Act a civil cause of action against the United States, a State which has waived its sovereign immunity, and a State employee who violated this Act while acting in an official capacity in any State which has not waived its immunity. Makes it a complete defense that such an employee had a reasonable good faith belief in the lawfulness of his conduct. Stipulates that evidence otherwise admissible in a proceeding shall not be excluded on the basis of a violation of this Act. Entitles aggrieved persons to actual damages and reasonable attorneys' fees. Gives the Federal district courts original jurisdiction of such actions. Makes this Act effective on January 1, 1981, and to the extent that its provisions apply to State or local governments one year after enactment. =Title II: Attorney General Guidelines= - Directs the Attorney General to issue guidelines within six months of enactment for the procedures to be employed by a Federal employee to obtain, in connection with the investigation of a criminal offense, documentary materials in the private possession of a person not reasonably believed to be a suspect in such offense, when such materials are not contraband or the fruits of an offense. Requires the following factors to be incorporated in such guidelines: (1) recognition of the personal privacy interests of the person; (2) a requirement that the least intrusive method of obtaining the materials be used which does not substantially jeopardize their availability; (3) recognition of special concern for privacy interests in cases involving confidential relationships; and (4) a requirement that an application for a search warrant be approved by a Government attorney. Directs the Attorney General to report annually to the congressional judiciary committees on the use of search warrants by Federal employees in cases involving confidential relationships.
Timeline
13 Oct 1980
Public Law 96-440.
Common questions
- What does S. 1790 do?
- S. 1790, known as the Privacy Protection Act of 1980, was introduced by Sen. Birch Bayh (D-IN) on September 21, 1979, in the 96th Congress. Based on its title and classification under "Crime and Law Enforcement," the bill was intended to address privacy protections, though the specific provisions, definitions, and mechanisms it established are not available in the materials provided here. Because the full legislative text has not been published in this summary, it is not possible to describe with certainty which individuals, organizations, or entities the law affects, or precisely how it changes existing law or law enforcement practices. Readers seeking those details should consult the enacted statute directly or official government sources such as Congress.gov. What is known is the bill's procedural history: it moved through the 96th Congress and was ultimately passed by both chambers. It was signed into law by the President on October 13, 1980, meaning it is now a fully enacted federal statute rather than a pending proposal. No further legislative action is required, as the bill has completed the process and become law. Any subsequent developments would involve implementation, regulatory action, or later amendments by Congress, none of which are addressed in the information provided.
- Has S. 1790 become law?
- Yes. S. 1790 has been enacted. Status last updated 13 Oct 1980.
- Who sponsored S. 1790?
- S. 1790 was sponsored by Sen. Bayh, Birch [D-IN] (D-IN), with 2 cosponsors.
- What's the latest action on S. 1790?
- Public Law 96-440. (13 Oct 1980).
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