Judicial Review

If a requester has filed an appeal and/or a statement of disagreement, but they still believe that SBA has not handled their request in accordance with the Privacy Act, they have the right to challenge the agency’s decision in a lawsuit. The appellate response from this office will inform the requester that they may file their suit in the District Court of the United States in the district in which they reside or have a principal place of business, the district in which the relevant agency records are maintained, or the District of Columbia.

The Privacy Act also provides a civil remedy whenever an agency fails to maintain records in a manner that is accurate, complete, timely, and/or relevant, as is necessary to ensure fairness in any agency determination, in the event that the agency makes a determination that is adverse to an individual’s interests. They may also sue an agency for failing to comply with any other provision of the Privacy Act in a manner that adversely affects them.