[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1008.15]

[Page 646]
 
                            TITLE 10--ENERGY
 
          CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)
 
PART 1008--RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT)--Table of Contents
 
               Subpart B--Requests for Access or Amendment
 
Sec. 1008.15  Civil remedies.

    Subsection (g) of the Act provides that an individual may bring suit 
against the DOE for a violation of the Privacy Act, as follows:
    (a) If the DOE refuses to grant a request for access to an 
individual's records, the court may order the DOE to provide the 
individual with access to his or her records and award reasonable 
litigation costs and attorney's fees.
    (b) If the DOE refuses to amend a record or fails to review an 
amendment request as required by subsection (d)(3) of the Act, the court 
may order the DOE to make the amendment and award reasonable litigation 
costs and attorney's fees.
    (c) If the DOE makes an adverse determination based on a record 
which is not maintained in an accurate, timely, relevant, and complete 
manner, the individual may be awarded actual damages of at least $1,000. 
In order to prevail, the individual must show that:
    (1) The DOE's action was willful and intentional; and
    (2) The adverse determination was based on the faulty record.
    (d) If the DOE fails to comply with any other provision of the 
Privacy Act or agency rule promulgated under the Act, in such a way as 
to have an adverse effect on the individual, the court may award actual 
damages of at least $1,000. In order to prevail, the individual must 
show that:
    (1) The DOE's action was willful and intentional; and
    (2) The agency's action had an adverse effort on the individual; and
    (3) The adverse effect was causally related to the DOE's action.