S.Amdt. 4415

The amendment proposed by Mr. Wyden, titled the Privacy Act Modernization Act of 2026, aims to replace the entire content of bill S. 1383. Its purpose is to update and strengthen the Privacy Act (section 552a of title 5, United States Code).

The amendment seeks to change or add the following to the law:

Updated Definitions

• It expands who is protected under the Act to include any natural person who is a United States person (as defined in the Foreign Intelligence Surveillance Act of 1978) or is in the United States.
• It updates the definitions of record, system of records, personally identifiable information, and process.

Increased Protections and Oversight

• It requires that the collection of records be appropriate and reasonably necessary for the government to operate effectively.
• It mandates that agencies use records only for legally authorized purposes and disclose only the minimum amount of information necessary.
• It requires a citation to the applicable law, executive order, or other authority for the legal authority of each purpose records are used.

Stronger Penalties and Remedies

• It expands civil remedies, allowing the court to award actual damages (with a minimum of $1,000), punitive damages, and attorney fees if an agency acted intentionally or willfully.
• It adds criminal penalties, making it a felony (punishable by up to 10 years in prison and a $250,000 fine) for anyone who discloses records for commercial advantage, personal gain, or malicious harm.
• It increases other penalties from a misdemeanor with a $5,000 fine to a felony with a fine of up to $100,000.

Implementation and Exceptions

• Most changes take effect 2 years after enactment.
• However, the amendments take effect immediately for specific entities, including the United States DOGE Service, the U.S. DOGE Service Temporary Organization, and certain experts, consultants, or agencies under their control.