Security and Accountability For Everyone Act of 2025; SAFE Act of 2025
Summary
The Security and Accountability For Everyone Act of 2025 (SAFE Act) amends section 552a of title 5, United States Code, also known as the Privacy Act. The bill aims to strengthen accountability for federal personnel who intentionally or willfully violate the Privacy Act, particularly concerning the handling of individual data. It expands the definition of covered individuals and introduces personal liability for federal employees in certain cases of Privacy Act violations.
Expected Effects
The SAFE Act will likely increase scrutiny and caution among federal personnel when handling sensitive information. It could lead to fewer intentional or willful violations of the Privacy Act due to the threat of personal liability. The Act also empowers state attorneys general to bring civil actions on behalf of residents affected by intentional or willful violations.
Potential Benefits
- Increased accountability for federal employees regarding privacy violations.
- Potential reduction in intentional or willful violations of the Privacy Act.
- Empowerment of individuals to seek redress for demonstrable harm caused by privacy violations.
- Enhanced protection of personal data held by the federal government.
- Allows state attorneys general to act on behalf of residents in privacy violation cases.
Potential Disadvantages
- Potential for increased litigation against federal personnel.
- Possible chilling effect on legitimate government activities due to fear of liability.
- Potential burden on the Department of Justice to defend federal personnel.
- Increased complexity in handling personal data due to heightened compliance requirements.
- Risk of frivolous lawsuits against federal employees.
Constitutional Alignment
The SAFE Act aligns with the principles of due process and accountability, which are embedded in the Fifth and Fourteenth Amendments. By providing avenues for redress when federal personnel intentionally or willfully violate privacy rights, the Act reinforces the constitutional protection against government overreach. The Act does not appear to infringe upon any specific constitutional provision and aims to strengthen existing protections for individual privacy.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).