SAFE Act of 2025

The SAFE Act of 2025 would modify the Privacy Act (5 U.S.C. 552a) to hold federal personnel personally liable for intentional or willful violations that cause demonstrable harm to individuals. It adds a new category, “covered special Government employees,” to be treated as federal personnel under the Privacy Act, expanding potential targets of liability. The bill makes clear that federal personnel cannot use immunity as a defense against such claims, and it requires the personnel to pay damages directly to the harmed individual (with the United States not liable for those damages). It also authorizes the Department of Justice to seek recovery of its litigation costs from the liable federal employee if the court finds intentional or willful conduct, and it allows states to sue on behalf of their residents (parens patriae) to obtain relief. In short, the bill shifts some privacy violations from agency liability to personal accountability for individual federal workers (and certain special government employees), while preserving DOJ cost recovery and state-level actions where residents are affected.