context: In general, courts have been lenient in determining what information constitutes a "record" within the meaning of the Act.
citation_a.signal: but see
citation_a.identifier: 804 F.2d 428, 431
citation_a.parenthetical: finding that "private notes are not subject to the requirements of the' Privacy Act" but that' "once the notes are used by the agency to make a decision concerning an individual's employment status, the notes become subject to the provisions of the Act".
citation_a.sentence: See, e.g., Quinn v. Stone, 978 F.2d 126, 131-33 (3d Cir.1992) (finding that both the information on a hunting roster and on a time card were “records” within the meaning of the Privacy Act); Bartel v. Federal Aviation Admin., 725 F.2d 1403, 1407-1411 (D.C.Cir.1984) (finding that letters sent by FAA official that indicated that plaintiff employee had improperly obtained access to files of FAA inspectors, although not themselves agency records, did not, as a matter of law, bar claim that Privacy Act’s disclosure provisions had been violated); Boyd v. Secretary of the Navy, 709 F.2d 684, 686 (11th Cir.1983) (finding that supervisors’ memorandum reflecting employee’s failure to follow the chain of command was a “record” within the meaning of the Privacy Act), cert. denied sub nom. Boyd v. Lehman, 464 U.S. 1043, 104 S.Ct. 709, 79 L.Ed.2d 173 (1984); cf. Manuel, 857 F.2d at 1116-17 (assuming, without deciding, that two Veterans Administration Reports of Contact generated by undercover investigators were records); Cuccaro v. Secretary of Labor, 770 F.2d 355, 360 (3d Cir.1985) (assuming, without deciding, that investigative files compiled as a result of plaintiffs complaints were records); Brooks v. Veterans Admin., 773 F.Supp. 1483, 1486 (D.Kan.1991) (finding that information that “an unidentified doctor supported or failed to support an employee’s disability retirement application is an item of ‘information about an individual’ which is covered by the Privacy Act”); but see Bowyer v. United States Dep’t of Air Force, 804 F.2d 428, 431 (7th Cir.1986) (finding that “private notes are not subject to the requirements of the' Privacy Act” but that' “once the notes are used by the agency to make a decision concerning an individual’s employment status, the notes become subject to the provisions of the Act”.); Johnston v. Horne, 875 F.2d 1415, 1423 (9th Cir.1989) (same).
citation_b.signal: see
citation_b.parenthetical: finding that supervisors' memorandum reflecting employee's failure to follow the chain of command was a "record" within the meaning of the Privacy Act
citation_b.sentence: See, e.g., Quinn v. Stone, 978 F.2d 126, 131-33 (3d Cir.1992) (finding that both the information on a hunting roster and on a time card were “records” within the meaning of the Privacy Act); Bartel v. Federal Aviation Admin., 725 F.2d 1403, 1407-1411 (D.C.Cir.1984) (finding that letters sent by FAA official that indicated that plaintiff employee had improperly obtained access to files of FAA inspectors, although not themselves agency records, did not, as a matter of law, bar claim that Privacy Act’s disclosure provisions had been violated); Boyd v. Secretary of the Navy, 709 F.2d 684, 686 (11th Cir.1983) (finding that supervisors’ memorandum reflecting employee’s failure to follow the chain of command was a “record” within the meaning of the Privacy Act), cert. denied sub nom. Boyd v. Lehman, 464 U.S. 1043, 104 S.Ct. 709, 79 L.Ed.2d 173 (1984); cf. Manuel, 857 F.2d at 1116-17 (assuming, without deciding, that two Veterans Administration Reports of Contact generated by undercover investigators were records); Cuccaro v. Secretary of Labor, 770 F.2d 355, 360 (3d Cir.1985) (assuming, without deciding, that investigative files compiled as a result of plaintiffs complaints were records); Brooks v. Veterans Admin., 773 F.Supp. 1483, 1486 (D.Kan.1991) (finding that information that “an unidentified doctor supported or failed to support an employee’s disability retirement application is an item of ‘information about an individual’ which is covered by the Privacy Act”); but see Bowyer v. United States Dep’t of Air Force, 804 F.2d 428, 431 (7th Cir.1986) (finding that “private notes are not subject to the requirements of the' Privacy Act” but that' “once the notes are used by the agency to make a decision concerning an individual’s employment status, the notes become subject to the provisions of the Act”.); Johnston v. Horne, 875 F.2d 1415, 1423 (9th Cir.1989) (same).