The state ________ requirement is an essential element to any due ...

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The state ________ requirement is an essential element to any due process or equal protection claim that requires sufficient government involvement.
 
  Fill in the blank(s) with correct word

Question 2

An employee brings an action against the Department of Veterans Affairs (VA), alleging that the VA violated the Privacy Act by disclosing to his union representative his HIV-positive status and his use of marijuana for medical purposes. Discuss the purpose of the Privacy Act.
 
  What will be an ideal response?

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Answer to Question 1

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Answer to Question 2

The purpose of the Privacy Act is to preclude a system of records from serving as the source of personal information about a person that is then disclosed without the person's prior consent. In its proscription against disclosing a record contained in a system of records, the Privacy Act forbids disclosure of an employee's personal information when that information was acquired from an agency's system of records and was eventually released by officials involved with the data retrieval. 5 U.S.C.  552a(b). The Privacy Act does not prohibit disclosure of information independently acquired. See Doe v. Department of Veterans Affairs of U.S., 519 F.3d 456 (8th Cir. 2008).

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Gracias!

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