Doe v. Chao

Summary

The Court held that a plaintiff must prove some actual damages caused by an intentional or willful Privacy Act violation to qualify for the statutory minimum award of $1,000. An adverse effect sufficient for standing does not alone establish entitlement to damages. The Court did not decide whether actual damages include adequately demonstrated emotional distress without pecuniary loss. Justice Souter wrote for the Court; Chief Justice Rehnquist and Justices O'Connor, Kennedy, and Thomas joined fully, and Justice Scalia joined except for one paragraph and footnote 8. Justice Ginsburg, joined by Justices Stevens and Breyer, dissented, reasoning that an adverse effect from an intentional or willful violation suffices for the minimum award without additional proof of actual damages. Justice Breyer also dissented separately, emphasizing that the restrictive interpretation of the intentional-or-willful requirement would protect the Government against excessive liability.