Judge Arthur Spatt
Walia—of Indian origin—was a U.S. Immigration Customs Service special agent at John F. Kennedy International Airport. His 2011 action asserting violation of Title VII of the Civil Rights Act, and violation of the Privacy Act arose from his retention of a seized computer later found to contain child pornography. In addition to administrative leave, Walia’s removal from service was sought on the ground that Walia’s misleading statements suggesting that no child pornography had been found on the computer when it was examined. Despite dismissing his Title VII claims the court denied dismissal of Walia’s claim, under the Privacy Act, that defendant informed colleagues and coworkers—who had no need to know—of his equal employment office (EEO) activities. Certain emails used to disclose such activities may be a “record” under the Privacy Act because they named Walia and bore information about a prospective investigation premised on his alleged misconduct. Further, defendant’s personnel records may qualify as a “system of records” within the meaning of the Privacy Act. Discovery has revealed that emails were sent to several individuals who were encouraged to share it without restriction.
