Wednesday, March 28, 2012

Privacy Act

I caught wind of this case a few weeks back and recently read the decision the Supreme Court made.  Stanmore Cooper a California Pilot with an HIV status. Over the years he left his work and eventually came back to work unaware of an act called Operation Safe Pilot Cooper did not notify the agency he was working for of his HIV status and after being entered into a database of pilots was found as a person of interest in which he was confronted and admitted to filing a false report with the agency and government for not disclosing his status.  Through the prosecution which resulted in a misdemeanor, Cooper's medical history became public record.  Cooper had become humiliated that the most intimate details of his health were out for the anyone to read.  Cooper admits that not disclosing his HIV status was a mistake on his part but he feels he owned up to that mistake and was punished for it, but wonders why it is still haunting him.  He claims that the government violated his right to privacy and they should take responsibility for their actions as they made him.  A federal judge ruled in Cooper's favor finding the FAA and Social Security Administration in violation of the Privacy Act.  Higher courts intervened and in which they soley focused on Cooper's claims of emotional harm and what the laws constitute emotional harm as. Because the law states "actual" damages, in a vote 5 to 3 ruled against Cooper's claims of mental and emotional damages stating "humiliation, embarrassment and mental anguish...because the phrase "actual" damages remains vague, the government should get the benefit of the doubt, tipping the case in its favor."

 I personally am disgusted with the ruling in this case.  I feel Cooper was robbed of his right to privacy a basic constitutional  right.  The government had not right to post his medical history for public record.  I agree with what was said "Congress passed this act to restore the citizens' faith in their government, and it mad a solemn promise to the American citizen that in cases of intentional and willful violation, the United States shall be liable for actual damages...Today, the government is proposing that 'actual damages' be read in a way that renders this act virtually irrelevant.  That makes a mockery of that solemn promise." 

What is your opinion? Feel free to read the article to better understand the issue.
http://www.cnn.com/2012/03/28/us/scotus-hiv-privacy/index.html?hpt=us_c2

1 comment: