An act to limit governmental search and seizure of documentary materials possessed by persons, to provide a remedy for persons aggrieved by violations of the provisions of this Act, and for other purposes.
PL 96-440 (S.1790), enacted 10/13/1980

PUBLIC LAW 96-440—OCT. 13, 1980 
94 STAT. 1879 
Public Law 96-440 
96th Congress 
An Act 
To limit governmental search and seizure of documentaiy materials possessed by 
persons, to provide a remedy for persons aggrieved by violations of the provisions 
of this Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, That this Act may be 
cited as the "Privacy Protection Act of 1980". 
TITLE I—FIRST AMENDMENT PRIVACY PROTECTION 
PART A—UNLAWFUL ACTS 
SEC. 101. (a) Notwithstanding any other law, it shall be unlawful for 
a government officer or employee, in connection with the investiga-
tion or prosecution of a criminal offense, to search for or seize any 
work product materials possessed by a person reasonably believed to 
have a purpose to disseminate to the public a newspaper, book, 
broadcast, or other similar form of public communication, in or 
affecting interstate or foreign commerce; but this provision shall not 
impair or affect the ability of any government officer or employee, 
pursuant to otherwise applicable law, to search for or seize such 
materials, i
f
— 
(1) there is probable cause to believe that the person possessing 
such materials has committed or is committing the criminal 
offense to which the materials relate: Provided, however. That a 
government officer or employee may not search for or seize such 
materials under the provisions of tlus paragraph if the offense to 
which the materials relate consists of the receipt, possession, 
communication, or withholding of 
such materials or the informa-
tion contained therein (but such a search or seizure may be 
conducted under the provisions of this paragraph if the offense 
consists of the receipt, possession, or communication of informa-
tion relating to the national defense, classified information, or 
restricted data under the provisions of section 793, 794, 797, or 
798 of title 18, United States Code, or section 224, 225, or 227 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or 
section 4 of the Subversive Activities Control Act of 1950 (50 
U.S.C.783));or 
(2) there is reason to believe that the immediate seizure of such 
materials is necessary to prevent the death of, or serious bodily 
iiy 
ury to, a human being. 
(b) Notwithstanding any other law, it shall be unlawful for a 
government officer or employee, in connection with the investigation 
or prosecution of a criminal offense, to search for or seize documen-
tary materials, other than work product materials, possessed by a 
person in connection with a puipose to disseminate to the public a 
newspaper, book, broadcast, or other similar form of 
public communi-
cation, in or affecting interstate or foreign commerce; but this 
provision shall not impair or affect the ability of any government 
Oct. 13, 1980 
[S. 1790] 
Privacy 
Protection Act of 
1980. 
42 u s e 2000aa 
note. 
Work product 
materials, 
search or 
seizure. 
42 u s e 2000aa. 
94 STAT. 1880 
PUBLIC LAW 96-440—OCT. 18, 1980 
Affidavit. 
Customs laws. 
42 use 
2000aa-5. 
Damages, civil 
actions. 
42 u s e 2000aa-6. 
officer or employee, pursuant to otherwise applicable law, to search 
for or seize such materials, i
f
— 
(1) there is probable cause to believe that the person possessing 
such materials has committed or is committing the criminal 
offense to which the materials relate: Provided, however. That a 
government officer or employee may not search for or seize such 
materials under the provisions of this paragraph if the offense to 
which the materials relate consists of the receipt, possession, 
communication, or withholding of 
such materials or the informa-
tion contained therein (but such a search or seizure ma^ be 
conducted under the provisions of this paragraph if the offense 
consists of the receipt, possession, or communication of informa-
tion relating to the national defense, classified information, or 
restricted data under the provisions of section 793, 794, 797, or 
798 of title 18, United States Ck)de, or section 224, 225, or 227 of 
the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2277), or 
section 4 of the Subversive Activities Control Act of 1950 (50 
U.S.C.783)); 
(2) there is reason to believe that the immediate seizure of such 
materials is necessary to prevent the death of, or serious bodily 
injury to, a human bemg; 
(3) there is reason to believe that the giving of notice pursuant 
to a subpena duces tecum would result in the destruction, 
£dteration, or concealment of 
such materials; or 
(4) such materials have not been produced in response to a 
court order directing compliance with a subpena duces tecum, 
and— 
(A) all appellate remedies have been exhausted; or 
(B) there is reason to believe that the delay in an investiga-
tion or trial occasioned by further proceedings relating to 
the subpena would threaten the interests of 
justice. 
(c) In the event a search warrant is sought pursuant to paragraph 
(4)(B) of subsection (b), the person possessing the materials shall be 
afforded adequate opportunity to submit an affidavit setting forth the 
basis for any contention that the materials sought are not subject to 
seizure. 
PART B—REMEDIES, EXCEPTIONS, AND DEFINITIONS 
SEC. 105. This Act shall not impair or affect the ability of a 
government officer or employee, pursuant to otherwise applicable 
law, to conduct searches and seizures at the borders of, or at 
international points of, entry into the United States in order to 
enforce the customs laws of the United States. 
SEC. 106. (a) A person aggrieved by a search for or seizure of 
materials in violation of this Act shall nave a civil cause of action for 
damages for such search or seizure— 
(1) against the United States, against a State which has waived 
its sovereign immunity under the Constitution to a claim for 
damages resulting from a violation of this Act, or against any 
other governmental unit, all of which shall be liable for viola-
tions of this Act by their officers or employees while acting 
within the scope or under color of 
their office or employment; and 
(2) against an officer or employee of a State who has violated 
this Act while acting within the scope or imder color of his office 
or emi)lo3nnent, if such State has not waived its sovereign 
Immunity as provided in paragraph (1). 
PUBLIC LAW 96-440—OCT. 13, 1980 
94 STAT. 1881 
(b) It shall be a complete defense to a civil action brought under 
paragraph (2) of subsection (a) that the officer or employee had a 
reasonable good faith belief in the lawfulness of his conduct. 
(c) The United States, a State, or any other governmental unit 
liable for violations of this Act under subsection (a)(1), may not assert 
as a defense to a claim arising under this Act the immunity of the 
officer or employee whose violation is complained of or his reasonable 
good faith belief in the lawfulness of his conduct, except that such a 
defense may be asserted if the violation complained of is that of a 
judicial officer. 
(d) The remedy provided by subsection (a)(1) against the United 
States, a State, or any other governmental unit is exclusive of any 
other civil action or proceeding for conduct constituting a violation of 
this Act, against the officer or employee whose violation gave rise to 
the claim, or against the estate of such officer or employee. 
(e) Evidence otherwise admissible in a proceeding shall not be 
excluded on the basis of a violation of this Act. 
(f) A person having a cause of action under this section shall be 
entitled to recover actual damages but not less than liquidated 
damages of $1,000, and such reasonable attorneys' fees and other 
litigation costs reasonably incurred as the court, in its discretion, 
may award: Provided, however. That the United States, a State, or 
any other governmental unit shall not be liable for interest prior to 
judgment. 
(g) The Attorney General may settle a claim for damages brought 
against the United States under this section, and shall promulgate 
regulations to provide for the commencement of an administrative 
inquiry following a determination of a violation of this Act by an 
officer or employee of the United States and for the imposition of 
administrative sanctions against such officer or employee, if 
warranted. 
(h) The district courts shall have original jurisdiction of all civil 
actions arising under this section. 
SEC. 107. (a) "Documentary materials", as used in this Act, means 
materials upon which information is recorded, and includes, but is 
not limited to, written or printed materials, photographs, motion 
picture films, negatives, video tapes, audio tapes, and other mechani-
cally, magentically or electronically recorded cards, tapes, or discs, 
but does not include contraband or the fi'uits of a crime or things 
otherwise criminally possessed, or property designed or intended for 
use, or which is or has been used as, the means of committing a 
criminal offense. 
(b) "Work product materials", as used in this Act, means materials, 
other than contraband or the fi*uits of a crime or things otherwise 
criminally possessed, or property designed or intended for use, or 
which is or has been used, as the means of committing a criminal 
offense, and— 
(1) in anticipation of communicating such materials to the 
public, are prepared, produced, authored, or created, whether by 
the person in possession of the materials or by any other person; 
(2) are possessed for the purposes of communicating such 
materials to the public; and 
(3) include mental impressions, conclusions, opinions, or the-
ories of the person who prepared, produced, authored, or created 
such material. 
(c) "Any other governmental unit", as used in this Act, includes the 
District of Ck)lumbia, the Commonwealth of Puerto Rico, any terri-
Defense. 
Evidence. 
Damage 
recovery. 
Attorney 
General, claim 
settlement; 
regulations. 
Jurisdiction. 
Definitions. 
42 use 
2000aa-7. 
94 STAT. 1882 
PUBLIC LAW 96-440—OCT. 13, 1980 
Effective date. 
42 u s e 2000aa 
note. 
42 use 
2000aa-ll. 
Report to 
congressional 
committees. 
tory or possession of the United States, and any local government, 
unit of local government, or any unit of State government. 
SEC. 108. The provisions of this title shall become effective on 
January 1,1981, except that insofar as such provisions are applicable 
to a State or any governmental unit other than the United States, the 
provisions of this title shall become effective one year from the date of 
enactment of this Act. 
TITLE II~ATTORNEY GENERAL GUIDELINES 
SEC. 201. (a) The Attorney General shall, within six months of date 
of enactment of this Act, issue guidelines for the procedures to be 
employed by any Federal officer or employee, in connection with the 
investigation or prosecution of an offense, to obtain documentary 
materials in the private possession of a person when the person is not 
reasonably believed to be a suspect in such offense or related by blood 
or marriage to such a suspect, and when the materials sought are not 
contraband or the fruits or instrumentalities of an offense. The 
Attorney General shall incorporate in such guidelines— 
(1) a recognition of the personal privacy interests of the person 
in possession of such documentary materials; 
(2) a requirement that the least intrusive method or means of 
obtaining such materials be used which do not substantially 
jeopardize the availability or usefulness of the materials sought 
to be obtained; 
(3) a recognition of special concern for privacy interests in 
cases in which a search or seizure for such documents would 
intrude upon a known confidential relationship such as that 
which may exist between clergyman and parishioner; lawyer and 
client; or doctor and patient; and 
(4) a requirement that an application for a warrant to conduct 
a search governed by this title be approved by an attorney for 
the government, except that in an emergency situation the 
application may be approved by another appropriate supervisory 
official if within 24 hours of such emergency the appropriate 
United States Attorney is notified. 
O
t
)
) The Attorney General shall collect and compile information on, 
and report annually to the Committees on the Judiciary of the Senate 
and the House of Representatives on the use of search warrants by 
Federal officers and employees for documentary materials described 
in subsection (a)(3). 
PUBLIC LAW 96-440—OCT. 13, 1980 
94 STAT. 1883 
SEC. 202. Guidelines issued by the Attorney General under this ^^usc 
title shall have the full force and effect of Department of Justice 2000aa-i2. 
regulations and any violation of these guidelines shall make the 
employee or officer involved subject to appropriate administrative 
disciplinary action. However, an issue relating to the compliance, or 
the failure to comply, with guidelines issued pursuant to this title 
may not be litigated, and a court may not entertain such an issue as 
the basis for the suppression or exclusion of 
evidence. 
Approved October 13, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-1064 accompanying H.R. 3486 (Comm. on the Judiciary). 
SENATE REPORTS: No. 96-874 (Comm. on the Judiciary) and No. 96.1003 (Comm. of 
Conference). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
Aug. 4, considered and passed Senate. 
Sept. 22, H.R. 3486 considered and passed House; passage vacated and S. 1790, 
amended, passed in lieu. 
Sept. 29, Senate agreed to conference report. 
Oct. 1, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42: 
Oct. 14, Presidential statement.