DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Supreme Court Looks On HIV-Positive Pilot's Emotional Distress Mostly Unmoved

Posted on December 1, 2011 by Dissent

Yesterday I blogged about oral arguments in Federal Aviation Administration v. Cooper, a case that asks the Supreme Court to decide whether The Privacy Act of 1974 allows awards for emotional distress when there is no other harm or injury demonstrated. Over on Huffington Post, Mike Sacks provides a write-up of how oral argument went, and he doesn’t think it went too well for the airline pilot whose HIV status was improperly disclosed by the Social Security Administration to the FAA:

Ultimately, the Court’s decision will turn less on the source or scope of Cooper’s emotional distress and more on how the justices parse the word “actual.”

Sotomayor, the only justice who once served as a trial judge, questioned Feigin’s purely economic definition. “I’m not sleeping, I have a nervous stomach, I’m not eating,” Sotomayor said, noting “the typical things that juries look at to determine whether you have proven emotional distress.” She asked, “Why is that not actual injury?”

Because, Feigin answered, Congress assigned a commission “to make a recommendation about whether the act should later be expanded to include general damages,” a term traditionally understood as non-economic injuries. And the law was not expanded.

In his conclusion, Cardozo responded that Feigin’s argument relied on legalistic parsing that “renders this act virtually irrelevant.” He urged the Court to “give actual damages its most common and ordinary meaning: proven, not presumed.” But by the end of the hour, it was clear that most of the justices had not been convinced by the simplicity of that argument, leaving Cooper and others similarly injured with no remedy under this particular federal law.

Read more on Huffington Post and PogoWasRight.org.

No related posts.

Category: Health Data

Post navigation

← Survey – More patient data breaches, less security, and more headaches for patients
dump of accounts from songsfever.net →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Kentfield Hospital victim of cyberattack by World Leaks, patient data involved
  • India’s Max Financial says hacker accessed customer data from its insurance unit
  • Brazil’s central bank service provider hacked, $140M stolen
  • Iranian and Pro-Regime Cyberattacks Against Americans (2011-Present)
  • Nigerian National Pleads Guilty to International Fraud Scheme that Defrauded Elderly U.S. Victims
  • Nova Scotia Power Data Breach Exposed Information of 280,000 Customers
  • No need to hack when it’s leaking: Brandt Kettwick Defense edition
  • SK Telecom to be fined for late data breach report, ordered to waive cancellation fees, criminal investigation into them launched
  • Louis Vuitton Korea suffers cyberattack as customer data leaked
  • Hunters International to provide free decryptors for all victims as they shut down (2)

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • German court awards Facebook user €5,000 for data protection violations
  • Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher
  • Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law
  • US healthcare offshoring: Navigating patient data privacy laws and regulations
  • Data breach reveals Catwatchful ‘stalkerware’ is spying on thousands of phones
  • Google Trackers: What You Can Actually Escape And What You Can’t
  • Oregon Amends Its Comprehensive Privacy Statute

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.