The following excerpt is from Bechhoefer v. U.S. Dept. Drug Enforcement, 209 F.3d 57 (2nd Cir. 1999):
5 U.S.C. 552a(b); see id. 552a(g)(1)(D) (creating a private right of action for violations of the Privacy Act); see also Quinn v. Stone, 978 F.2d 126, 131 (3d Cir. 1992) (enumerating the elements of a claim for violation of the Privacy Act's prohibition against disclosure). By its terms, to establish a violation of this provision, a plaintiff must first establish that the information in question is a "record" within the meaning of the Act.
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