Full opinion text
OPINION TENNEY, District Judge. In this factually straightforward but legally complex case, plaintiff Jane Doe seeks declaratory, injunctive, and monetary relief against the United States Civil Service Commission (“CSC”) and three CSC officials for injuries allegedly sustained as a result of an authorized government investigation of Doe conducted by the CSC. The complaint alleges several statutory and constitutional claims against the agency and the three named defendants in their official, as well as individual, capacities. These claims raise some unresolved and novel issues that pit the government’s need to investigate a potential high-level employee against the applicant’s right to ensure that the information collected is accurate. Defendants have moved for partial summary judgment on mootness grounds and for summary judgment with respect to each of Doe’s claims. They have also filed objections to a Magistrate’s Order issued in this case in connection with plaintiff’s discovery requests. The Court denies defendants’ summary judgment motions, affirms the Magistrate’s Order in part, and reverses in part. I. BACKGROUND In 1974, Jane Doe applied to the President’s Commission on White House Fellowships (“Fellowship Commission”) for a position as a White House fellow during the 1975-1976-year. Doe was selected as one of thirty-two finalists for fourteen fellowship positions. At the request of the Fellowship Commission, the CSC’s Bureau of Personnel Investigations conducted a full field investigation of Doe that she had authorized by executing a form entitled “Security Investigation Data for Sensitive Position.” The investigation was undertaken in April 1975, and more than thirty-five people who were thought to be familiar with Doe’s character and capabilities were interviewed. According to the CSC, the comments of the people interviewed were generally “favorable, if not laudatory.” Defendants’ Memorandum in Support of Motion for Summary Judgment at 6 (“Defendants’ Memorandum I”). Two people, however, told two different CSC investigators that Doe had engaged in acts of petty theft while she was a college student. One person (April 10 Source) related specific incidents of theft and said that Doe had “a propensity to steal.” Plaintiff’s Memorandum in Opposition to Defendants’ Motion for Summary Judgment at 4 (“Plaintiff’s Memorandum”). The other (April 14 Source) stated that she thought Doe was “schizophrenic, a kleptomaniac” and seemed to be a “compulsive thief.” Id. at 3. After the CSC completed its investigation, it gave its report on Doe to the Fellowship Commission. The CSC report did not evaluate Doe’s qualifications or make any recommendations; it simply related the statements made by the persons interviewed. Doe was not chosen to be a White House fellow. She filed a request under the Privacy Act, 5 U.S.C. § 552a, in July 1976, seeking access to the entire investigative file compiled by the CSC. The file was released three months later; the identities of the people interviewed and any information pertaining to them was deleted. Doe subsequently requested that the allegations about stealing and kleptomania be deleted from her file on grounds that they were not accurate as required by the Privacy Act, id. § 552a(e)(5). In support of her request for amendment of her file, pursuant to section 552a(d)(2), Doe submitted letters from: (1) women who lived in the college dormitory with her at the time of the alleged stealing who stated that the allegations were false; (2) members of the House Council — the governing body of the dormitory — at the time of the alleged stealing, who stated that no charges were ever made against Doe; (3) the dean of students, who had no knowledge of such charges; (4) the college attorney, who stated that “the charge is asinine”; and (5) two psychiatrists, who asserted that Doe was not a kleptomaniac. The CSC rejected Doe’s request and refused to amend the report. Instead, the affidavits and letters that she had submitted were included by the CSC as a permanent part of her file. Doe appealed the CSC decision, which was issued in a letter written by Robert J. Drummond, Jr., Director of the Bureau of Personnel Investigations, to Donald J. Biglin, the Assistant Executive Director of Freedom of Information and Privacy for the CSC. The agency denied the appeal and stated that the allegations of theft would remain in Doe’s file. The references to kleptomania, however, were deleted because they amounted to a psychiatric diagnosis. The CSC refused to disclose the sources of the derogatory statements on the grounds that “the withholding of the identity of a confidential source in a background investigation is a limitation which Congress saw fit to allow agencies to place on access requirements of both the Privacy Act, at 5 U.S.C. § 552a(k)(5), and the Freedom of Information Act, at 5 U.S.C. § 552(b)(7) (d).” Doe and her attorney then met with Drummond in September 1977 to request reconsideration of the appeal decision. The CSC subsequently contacted the two sources who had provided the derogatory information to request permission to reveal their identities. Both refused. The agency also contacted one of the persons who had submitted an affidavit on Doe’s behalf. Defendants’ Memorandum I at 7. In November 1977, Doe was informed that after reconsideration the CSC had decided that no further amendment of her file was warranted. The CSC decision stated that “[w]e believe the testimony in Doe’s file relating to stealing remains unrefuted. Doe’s objections to the contents of her investigative file have been made part of her record, and she has been advised of her right to file a statement of her reasons for disagreeing with our denial of her request.” Letter from Donald J. Biglin, dated November 21, 1977, Exhibit H to Complaint. In January 1978, Doe instituted this action for injunctive, declaratory, and monetary relief against the CSC and three of its officers in their official capacities: Alan Campbell, Chairman; Donald J. Biglin; and Robert J. Drummond, Jr. Doe subsequently amended the complaint to add claims against the named defendants in their individual capacities. Her complaint states five claims: 1. Plaintiff seeks a de novo determination of her request that her file be amended, pursuant to the Privacy Act, 5 U.S.C. § 552a(g)(l)(A) & (g)(2). 2. Plaintiff contends that defendants violated the Privacy Act by failing to maintain accurate records on her, id. § 522a(g)(l)(C), and that she is entitled to actual damages authorized by section 552a(g)(4). 3. Plaintiff contends that defendants’ including in the file derogatory and prejudicial allegations about plaintiff without first independently investigating those allegations and affording her an effective opportunity to refute them was arbitrary, capricious, and an abuse of discretion in violation of the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (“APA”). 4. Plaintiff contends that entering these derogatory and prejudicial allegations into the file without an independent investigation of those allegations by the defendants did not afford plaintiff an effective opportunity to refute them, and thus violated her rights to privacy and due process of law protected by the First, Fourth, Fifth, and Ninth Amendments to the Constitution. 5. Finally, plaintiff contends that the defendants’ refusal to disclose the identity of the sources making the derogatory allegations about plaintiff, while at the same time refusing to expunge those allegations, violated her right to due process of law protected by the Fifth Amendment to the Constitution. The plaintiff initiated discovery in this action by serving a first set of interrogatories that asked for the identities of the sources who made the derogatory statements contained in her file and the names of the CSC investigators who conducted the interviews with those sources. Doe’s second set of interrogatories asked for the location of three identified witnesses and the identities of any additional witnesses known to the CSC. The CSC objected to supplying this information, and the plaintiff moved to compel the answers to these interrogatories. In a comprehensive Memorandum Order, Magistrate Sinclair ruled that Doe was entitled to all the information requested.' The defendants then moved for summary judgment and filed objections to the Magistrate’s order in the event their motion was denied. Several months later, a motion for partial summary judgment on grounds of mootness was made by the CSC and the named defendants in their official capacities. These motions and objections are now before the Court. In any suit brought under the provisions of subsection (g)(1)(C) or (D) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of— (A) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recover receive less than the sum of $1,000; and (B) the costs of the action together with reasonable attorney fees as determined by the court. II. MOOTNESS The CSC has offered to grant Doe what it considers to be the “complete relief” she demanded in her complaint against the CSC and the named defendants in their official capacities. The relief sought was: a. A declaratory judgment and inr junction ordering defendants independently to investigate, and afford plaintiff the opportunity to refute, all derogatory and flagrantly prejudicial allegations about her, and disclosing the identity of the sources of those allegations to the extent the defendants refuse to expunge such allegations; b. A declaratory judgment and injunction ordering defendants to amend plaintiff’s records; c. A judgment that the United States is liable to the plaintiff for actual damages sustained in the amount of $100,000; d. Reasonable attorney fees and other litigation costs; e. Such other and further relief as this Court deems just and proper. The settlement proposal offered by the CSC includes: (1) deleting all references to stealing from the April 10-11 and April 14-15, 1975 reports that prompted the current action; (2) deleting the affidavits and letters submitted to the CSC that refer to the derogatory remarks and the subsequent CSC report that resulted from CSC’s efforts to verify the original investigation; (3) informing the Fellowship Commission of these changes; (4) promising that the April 10 and April 14 sources who provided the derogatory information will not be contacted again in the event that Doe applies for another government position and is subject to a CSC investigation; , (5) paying Doe an undetermined sum of money for actual damages, attorney’s fees, and costs pursuant to the Privacy Act. Affidavit of Llewellyn Fischer, Information and Privacy Counsel of the Office of Personnel Management (successor to the CSC), sworn to February 8, 1979 (“Fischer Aff.”). The exercise of judicial power under Article III depends upon the existence of an actual case or controversy. Preiser v. Newkirk, 422 U.S. 395, 401, 95 S.Ct. 2330, 45 L.Ed.2d 272 (1974). Chief Justice Warren’s opinion for a unanimous Court in Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed.2d 491 (1969), declared that, “[s]imply stated, a case is moot when the issues presented are no longer ‘live’ or the parties lack a legally cognizable interest in the outcome.” Id. at 496, 89 S.Ct. at 1951. The doctrine of mootness ensures that a court will not' assert jurisdiction to decide a dispute that exists only on paper and no longer represents the true state of affairs between the parties. If the harm alleged constitutes a “continuing and brooding presence,” Super Tire Engineering Co. v. McCorkle, 416 U.S. 115, 122, 94 S.Ct. 1694, 40 L.Ed.2d 1 (1974), or is “capable of repetition, yet evading review,” Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, 515, 31 S.Ct. 279, 283, 55 L.Ed. 310 (1911), it provides “a classic justification for a conclusion of nonmootness.” Roe v. Wade, 410 U.S. 113, 125, 93 S.Ct. 705, 713, 35 L.Ed.2d 147 (1972). “Mere voluntary cessation of allegedly illegal conduct does not moot a case; if it did, the courts would be compelled to leave ‘the defendant * * * free to return to his old ways.’ ” United States v. Concentrated Phosphate Export Ass’n, Inc., 393 U.S. 199, 203, 89 S.Ct. 361, 364, 21 L.Ed.2d 344 (1968), quoting United States v. W. T. Grant Co., 345 U.S. 629, 632, 73 S.Ct. 894, 97 L.Ed. 1303 (1953). The defendant who attempts to moot a case must satisfy a “heavy burden of persuasion” that the likelihood of future violations is remote. United States v. W. T. Grant Co., supra at 633, 73 S.Ct. 894. The Court concludes that the defendants have neither carried this burden nor successfully extinguished all “live” issues present in the case. A. Live Issues The defendants contend that “[a]n item-by-item comparison of the relief demanded and the relief offered by the CSC conclusively demonstrates that there is no longer extant the ‘live controversy’ called for in Powell.” Defendants’ Memorandum in Support of Motion for Partial Summary Judgment at 10 (“Defendants’ Memorandum II”). In response, Doe argues that not all her claims are satisfied by the CSC’s proposal and important issues remain to be adjudicated. While the defendants’ argument is not without appeal, the Court agrees with Doe’s contentions. Doe’s Privacy Act claim seeks a statutorily authorized de novo determination of her amendment request on the grounds that the theft allegations are false and that the CSC failed to maintain its records with sufficient accuracy to assure fairness to the applicant. See n.7 supra and discussion of Privacy Act at Part III A infra. At first blush, the CSC’s settlement proposal may appear to provide the relief requested. Yet the CSC expressly states that its offer is made “without an admission of wrongdoing,” Fischer Aff. at 1, and the agency has previously declared that the theft allegations “remai[n] unrefuted.” The crux of Doe’s dispute with the agency has always been, and continues to be, the alleged inaccuracy of the theft allegations and unconstitutionality of CSC’s investigatory procedures. The very purpose of this lawsuit is to secure an opportunity to clear her name. The CSC’s offer to delete the accusations from Doe’s file, without either disclaiming their validity or providing a hearing on the issue, is not commensurate with a judicial decision that the accusations are unfounded. A court ordered amendment — based on a finding that the CSC erred in not deleting the accusations from Doe’s file in the face of substantial contrary evidence — would help to vindicate the claim to innocence that Doe has energetically pursued throughout the course of her dispute with the CSC. Such an order would reveal the shaky foundation on which the accusations rest to all those who have become cognizant of the charges made against her. The question of potential monetary relief is another “live” issue that supports the conclusion that the case is not moot! Privacy Act damages can be awarded only if a court determines that “the agency acted in a manner which was intentional or willful” in failing to maintain its records accurately and fairly. Id., 5 U.S.C. § 552a(g)(4). Therefore, a judicial finding to this effect is a prerequisite to government liability under the Act. In offering to pay an undetermined amount of damages, “as authorized by the Privacy Act,” the CSC firmly rejects any admission of wrongdoing. Fischer Aff. Instead, the agency has circuitously arrived at an awkward compromise position: “the CSC will not contend that it acted in a manner other than intentional and willful” in a subsequent proceeding to determine settlement damages. Defendants’ Memorandum II at 7. Furthermore, stating that the “intent and good faith of CSC investigators has nothing to do with these [damages] issues,” Defendants’ Reply Memorandum in Support of Motion for Partial Summary Judgment at 7 (“Reply Memorandum I”), the CSC asserts that Doe’s claim “will still be subject to scrutiny and objection on such traditional grounds as excessiveness, remoteness, lack of factual support, and speculative computations.” Defendants’ Memorandum II at 10. The Court concludes that this offer of monetary relief is too riddled with qualifications to serve as a substitute for the relief demanded in Doe’s complaint and' is likely to engender further disputes between the parties requiring judicial resolution. Accordingly, both the government’s failure to acknowledge the dubious validity of the allegations and the appropriate measure of damages to be awarded in the event Doe prevails, remain viable issues- in this case. B. Capable of Repetition, But Evading Review Doe’s complaint seeks a declaratory judgment that the CSC investigative procedures followed in her case were unconstitutional and an illegal abuse of discretion, as well as an injunction ordering the CSC to grant her an opportunity to refute the allegations made against her. As the defendants correctly point out, the mere request for a declaratory judgment or an injunction does not transform an otherwise moot action into an active case or controversy. Geraci v. Treuchtlinger, 487 F.2d 590, 592 (2d Cir. 1973). And although the “public interest in having the legality of the practices settled militates against a mootness conclusion,” United States v. W. T. Grant Co., supra, 345 U.S. at 632, 73 S.Ct. at 897, policy concerns alone cannot revive a moot action. Beeket v. Marks, 358 F.Supp. 1180, 1184 (S.D.N.Y.1973). However, when the government conduct challenged allegedly stops affecting the challenger before the case is decided, then — apart from the question of live issues — the mootness determination may turn on whether the government’s action is “capable of repetition, but evading review.” Division 580, Amalgamated Transit Union v. Central New York Transp. Auth., 578 F.2d 29, 32 (2d Cir. 1978), quoting First Nat’l Bank v. Bellotti, 435 U.S. 765, 774, 98 S.Ct. 1407, 55 L.Ed.2d 707 (1977). As recently stated by the Supreme Court, this principle may be applied when “(1) the challenged action was in its duration too short to be fully litigated prior to cessation or expiration, and (2) there is a reasonable expectation that the same complaining party [will] be subjected to the same action again.” First Nat’l Bank v. Bellotti, supra, 435 U.S. at 774, 98 S.Ct. at 1414. The Court concludes that Doe’s suit satisfies these criteria. Doe has submitted an affidavit to the Court that indicates the opportunity for repetition of the government’s challenged action. She states that (1) she intends to reapply for a White House Fellowship; (2) she would have already reapplied but for the derogatory allegations in the CSC report; and (3) she intends to apply for a high level federal position that she believes will entail another full field investigation. Affidavit of Jane Doe, sworn to February 29, 1979. In an apparently sincere attempt to prevent another episode in this troubling series of accusations and refutations, the CSC offers to remove all references to stealing from Doe’s file, promises that the two sources of the derogatory information will not be contacted if another investigation is conducted, and states that the only notation in Doe’s file would be an instruction to CSC investigators not to contact these two sources. • The Court recognizes that a suit against a government agency may be deemed moot when the defendant takes steps to insure that the challenged government action will not be repeated. See, e. g., Tawwab v. Metz, 554 F.2d 22 (2d Cir. 1977) (challenge to correctional facility’s visitation rules mooted by policy change embodied in official prison document); Consumers Union v. Veterans Administration, 436 F.2d 1363 (2d Cir. 1971) (government’s concession that data did not fall within Freedom of Information Act exemption mooted action to compel disclosure); Lamb v. Commissioner, 390 F.2d 157 (2d Cir. 1968) (per curiam) (taxpayer’s appeal mooted by government’s grant of a refund plus a concession regarding subsequent tax liability). However, “there is a substantial controversy, between parties having adverse legal interests, of sufficient immediacy and reality to warrant the issuance of a declaratory judgment” resolving the issues before the Court. Preiser v. Newkirk, supra, 422 U.S. at 402, 95 S.Ct. at 2334, quoting Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270, 273, 61 S.Ct. 510, 85 L.Ed. 826 (1941). In light of Doe’s stated intentions, it is likely that she' will soon be the subject of another CSC investigation; the agency does not refute this assertion. Even if the CSC can guarantee that the two sources will not be recontacted, it cannot insure that similar allegations of theft will not appear in Doe’s file unless the CSC gives her an opportunity to disprove the allegations to the agency’s satisfaction — a feat not accomplished by the submission of numerous letters and affidavits from former college students, the college dean and lawyer, and two psychiatrists. The possibility that the accusations of theft will be made by persons other than the two sources declared off limits is a “reasonable expectation” and far from remote. First, Doe contends that one of the two sources learned of the alleged “rumor” from the other source. Gossip of this kind, truthful or otherwise, is likely to spread to other persons who believe it and will repeat it to CSC investigators. Second, as a result of Doe’s attempt to refute the allegations against her, many people now know that she was accused of stealing, even if these people do not believe the allegations themselves. That mere knowledge of these rumors could be damaging to Doe is demonstrated by the CSC’s description of the follow-up interview it conducted with one of the people who had submitted a letter on Doe’s behalf in support of her amendment request. The CSC, attempting to justify its refusal to delete the theft allegations, stated that this individual told CSC investigators that she did recall that Doe was suspected of stealing while she was at college. Defendants’ Memorandum at 8. The agency neglected to point out, however, that this individual also stated that there was no “hard evidence” linking Doe to any thefts and that she personally did not believe the allegations. CSC Report of Investigation, October 18 & 19, 1977 (submitted to the Court in camera). The Commission made its final decision on the fellowship applicants shortly after the CSC’s original investigative report was submitted, and Doe had no knowledge of the contents of that report. Therefore, “the challenged action was in its duration too short to be fully litigated prior to cessation or expiration.” First Nat’l Bank v. Bellotti, supra, 435 U.S. at 774, 98 S.Ct. at 1414. If Doe applies for a government position not within the “competitive service,” as she states she intends to do, the CSC investigation procedures will be the same as the first time around; Doe will not be informed of any derogatory charges made against her, and the procedures would continue to evade review. The fact that she cannot conclusively prove that she would have received a fellowship but for the derogatory CSC report — although she does have credible evidence to support this claim — does not diminish the threat posed by such damaging statements. Unless the CSC gives Doe a chance to refute the theft allegations, or agrees to consider them inaccurate, the charges constitute a “continuing and brooding presence” threatening her employment opportunities with the federal government. The numerous cases cited by the defendants in which an action was declared moot because the government made a complete settlement offer, or the officials involved guaranteed that the challenged act would not recur, do not compel a similar finding of mootness in this case. Those decisions did not involve a government offer to pay damages authorized by a federal statute in the absence of a judicial finding that is a statutory prerequisite to a damages award. Although courts frequently accept a government attorney’s representation that certain acts will not be repeated, see, e. g., Jackson v. Lynn, 165 U.S.App.D.C. 172, 506 F.2d 233 (D.C. Cir. 1974); Cherry v. Postmaster General, 332 F.Supp. 785 (S.D.N.Y.1971), aff’d, 460 F.2d 1063 (2d Cir. 1972), the authority of a CSC lawyer to consent to an award of damages against the government without the statutorily required proof of wrongful intent, as required by the statute, has not been established. The CSC’s failure to admit to any wrongdoing, justified or not, also distinguishes this case from Consumers Union v. Veterans Administration, supra, and Tawwab v. Metz, supra, relied upon by the defendants. Consumers Union was an action to compel the Veterans Administration to disclose 1968 records of a hearing aid testing program to the plaintiff, a non-profit corporation that evaluated consumer products. After Consumers Union was granted partial relief by a district court, both parties appealed. The Veterans Administration then amended its 1970 procedures to allow disclosure of test results and made this policy retroactive to 1968. Consumers Union therefore received all the information it sought in the district court action. The government moved to dismiss the action as moot on the grounds that “the relief requested had been supplied by the Government, thus an order by this court to disclose the information would be pointless.” 436 F.2d at 1365. The Second Circuit denied the motion because “[t]he Government’s position on its cross-appeal indicated it felt the disclosure was discretionary on its part and not required by the Freedom of Information Act, creating the distinct possibility that the dispute which generated the present action would recur.” Id. Subsequently, at oral argument, the government conceded that the test results were not within any of the Act’s exemptions and that no public interest rationale justified withholding the information. This concession satisfied the Second Circuit that injunctive relief ordering the test results produced was unnecessary because it was “quite clear” that the government would not rely again on the Act’s exemptions to resist disclosure, and the appeal was dismissed as moot. Similarly, in Tawwab, a suit challenging a correctional facility’s attorney visitation policy was dismissed as moot by the Second Circuit because the allegedly unlawful policy was changed before the case was heard, and this change was “embodied in an official prison document” demonstrating that it Was “absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.” 554 F.2d at 24, quoting United States v. Concentrated Phosphate Export Ass’n, Inc., 393 U.S. 199, 203, 89 S.Ct. 361, 21 L.Ed.2d 344 (1968). Such a guarantee is lacking in the case at bar because the defendants do not concede that the theft accusations are false or that the CSC procedure unfairly deprived Doe of an opportunity to refute the accusations and should not be followed in the future if these charges are made again. Cf. Seibert v. Sperry Rand Corp., 586 F.2d 949 (2d Cir. 1978) (suit challenging election of corporate director not moot even though director’s term had expired because plaintiff sought injunctive relief “not only to eliminate the effect of past wrongdoing, but also to prevent its recurrence”). In conclusion, the defendants’ motion for summary judgment on mootness grounds is denied because their proposed settlement offer does not remove all “live issues” present in the case and insure that the challenged government action will not be repeated. III. SUMMARY JUDGMENT MOTION Before defendants moved for partial summary judgment on the grounds of mootness, they moved for summary judgment on the grounds that Doe’s complaint failed to state a cause of action under the Privacy Act, the Administrative Procedure Act, or the Constitution. For the reasons discussed below with respect to each of these claims, defendants’ motion is denied. Federal Rule of Civil Procedure 56(c) (“Rules”) provides that summary judgment should be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” The court must resolve any doubts in favor of the party opposing the motion. SEC v. Research Automation Corp., 585 F.2d 31, 33 (2d Cir. 1978). Summary judgment is inappropriate whenever conflicting inferences can be drawn from the facts. Robertson v. Seidman & Seidman, 609 F.2d 583 at 591 (2d Cir. 1979). Neither a constitutional question nor an equally important non-constitutional issue should- be decided on an incomplete factual basis when the nature of the case “requires the full exploration of a trial.” 6 Moore’s Federal Practice ¶ 56.16, at 56-668 (2d ed. 1976). A. Privacy Act The Privacy Act of 1974 serves to safeguard the public interest in informational privacy by delineating the duties and responsibilities of federal agencies that collect, store, and disseminate personal information about many individuals. Smiertka v. United States Dep’t of Treasury, 447 F.Supp. 221, 224 (D.D.C.1978). The Act limits the kind of information that can be collected or disclosed and imposes a standard of quality and diligence on the maintenance of government records. Individuals can obtain access to agency records that pertain to them and can seek amendments to records thought to contain erroneous information. Doe alleges that the CSC failed to maintain its records about her in the manner required by the Act and seeks a de novo judicial determination of her amendment request pursuant to 5 U.S.C. § 552a(g)(l)(A) & (g)(2)- Section 552a(e)(5) provides that each agency must “maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness in the determination.” The CSC contends that this statutory standard applies to the agency responsible for making the personnel determination — in this case the Fellowship Commission- — and should not be applied in evaluating the CSC’s investigation of Doe. According to the defendants, “plaintiff’s real quarrel is not with the CSC but with t.he Commission on White House Fellowships.’’ Reply Memorandum I at 6. The CSC also contends, however, that it has been fair and its records are as accurate as is reasonably necessary because it deleted the references to kleptomania, recontacted the two sources to verify the accuracy of their derogatory statements, and included the affidavits and letters submitted by Doe in her file. The Court is not impressed with the CSC’s attempt to pass the buck to the Fellowship Commission. The CSC serves as the investigatory arm of the Fellowship Commission and should be subject to the same record keeping standards as an agency that makes its own personnel determinations. Furthermore, the CSC’s restrictive reading of section 552a(e)(5) is inconsistent with other provisions in that subsection that clearly apply to any agency that collects and stores personnel information. Finally, the civil remedies provision of the Act vest jurisdiction in the district court “[wjhenever any agency (A) makes a determination . not to amend an individual’s record in accordance with his request.” 5 U.S.C. § 552(g)(1)(A). The defendants’ contention, valid or not, that the CSC records are both fair and accurate is not sufficient to support a motion for summary judgment. Whether the records are fair and accurate is a question to be decided in this case--a question presenting a genuine issue of fact about which the parties vehemently disagree. The Privacy Act specifically directs the Court to make a de novo determination of Doe’s amendment request and these factual issues are part of that determination. Defendants’ disagreement with plaintiff’s view of the facts, or characterization of their conduct, does not entitle them to summary judgment as a matter of law. The defendants’ motion for summary judgment on Doe’s Privacy Act claim does not raise the effective date of the statute as a defense, but that issue should be addressed here. The statutory provisions establishing record keeping standards, amendment procedures, and civil remedies became effective on September 27, 1975. Pub.L. 93-579, § 8, 88 Stat. 1910 (1974). A 1975 amendment to the Act provides that no civil action is authorized to recover for an injury sustained as a result of an agency report disclosure prior to that date. Pub.L. 94-183, 89 Stat. 1057 (1975). The CSC investigation of Doe, and the dissemination of the report to the Fellowship Commission, occurred before September 27, 1975. The derogatory allegations were recorded in CSC reports dated April 1975 and, according to Doe, this information was released to the Commission in May 1975. Doe’s Privacy Act claim does, however, fall within the effective date of the statute. First, she seeks de novo review of her March 1977 amendment request. Second, Doe contends that the agency continued to violate the Act’s record keeping standards after September 1975. Accordingly, she does not rest her claim solely on the injury allegedly sustained as a result of the pre-effective date disclosure to the Fellowship Commission. B. Administrative Procedure Act Doe alleges that “defendants’ actions, entering derogatory and flagrantly prejudicial allegations . . . into [her] file without independently investigating, and affording [Doe] an opportunity to refute those allegations was arbitrary, capricious, and an abuse of discretion [and] violated her rights to privacy and due process of law protected by the First, Fourth, Fifth and Ninth Amendments to the Constitution.” Plaintiff’s Amended Complaint at ¶¶ 11 & 31. Section 702 of the APA provides that “[a] person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of á relevant statute, is entitied to judicial review thereof.” The invasion of a protected right constitutes a legal wrong within the meaning of this section. Pennsylvania R.R. v. Dillon, 118 U.S.App.D.C. 257, 259, 335 F.2d 292, 294 (D.C.Cir.), cert. denied, 379 U.S. 945, 85 S.Ct. 437, 13 L.Ed.2d 543 (1964). A court reviewing administrative action is directed, in part, to: (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law. The APA thus authorizes both injunctive and declaratory relief, see Abbott Laboratories v. Gardner, 387 U.S. 136, 148, 155, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967), against both arbitrary and unconstitutional administrative actions. The defendants contend, however, that this Court lacks jurisdiction to entertain Doe’s APA claims. All the parties agree that the Supreme Court’s decision in Califano v. Sanders, 430 U.S. 99, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977), is critical to this jurisdictional determination. The plaintiff in Califano sought judicial review of a final decision of the Social Security Administration refusing to reopen his initial application for disability benefits that hád been denied several years earlier. Section 205(h) of,the Social Security Act, 42 U.S.C. § 405(h)/preeludes judicial review of the Secretary’s final decision on a claim and states that no action seeking recovery may be brought" pursuant to 28 U.S.C. section 1331. The district court dismissed the claim for lack of jurisdiction. The Seventh Circuit reversed on the grounds that section 205(h) did not limit judicial review to those methods expressly authorized by the Social Security Act itself. The court of appeals concluded that the APA contained an independent grant of subject matter jurisdiction without regard to the amount in controversy- The Supreme Court reversed the Seventh Circuit’s decision and held that “the APA does not afford an implied grant of subject-matter jurisdiction permitting federal judicial review of agency action.” 430 U.S. at 107, 97 S.Ct. at 985. The Court stated that “the rationale for interpreting the APA as an independent jurisdictional provision” was “largely undercut” by the 1976 amendments to section 1331(a) that eliminated the amount in controversy requirement for actions brought against the United States, a federal agency, or official. Pub.L. 94r-574, 90 Stat. 2721 (1976). Id. at 105, 97 S.Ct. 980. According to the Court, “[t]he obvious effect of this modification, subject only to preclusion-of-review statutes created or retained by Congress, is to confer jurisdiction on federal courts to review agency action, regardless of whether the APA of its own force may serve as a jurisdictional predicate.” Id. The Court stated that the amendment to section 1331(a) filled a “jurisdictional void” by allowing judicial review of the actions of federal officials notwithstanding the absence of the requisite jurisdictional amount. This amendment did not help the plaintiff in Califano, however, because the “new jurisdictional grant was qualified ... by the retention of § 205(h) as preclusive of actions such as this that arise under the Social Security Act.” Id. at 106, 97 S.Ct. at 985. Section 205(h) was therefore viewed as a preclusion-of-review statute limiting a court’s jurisdiction under section 1331. As noted by one commentator, the Califano decision has “very limited significance.” 1 Moore’s Federal Practice ¶ 0.65(2. — 1), at 700.98 n.47. “If . . . agency review actions are now all within the district court’s jurisdiction except as may be precluded by preclusion-of-review statutes, normally a reading of § 702 as conferring jurisdiction would not avail the plaintiff, since 5 U.S.C. § 701(a) would render § 702 inapplicable.” Id. Section 701(a) provides that the APA applies “except to the extent that statutes preclude judicial review; or agency action is committed to agency discretion by law.” Therefore, absent a law precluding judicial review, a court could seemingly consider an APA claim pursuant to the general federal question jurisdiction provided by section 1331. See Kennecott Copper Corp. v. Costle, 572 F.2d 1349, 1356 (9th Cir. 1978); Stickelman v. United States, 563 F.2d 413, 415 n.2 (9th Cir. 1977); Bruzzone v. Hampton, 433 F.Supp. 92, 95 (S.D.N.Y.1977). The defendants contend that section 704 of the APA precludes judicial review in this case. That section states that “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” According to the defendants, the Privacy Act provides adequate remedies for Doe’s claim. The Court disagrees. The Privacy Act provides for a damage award and an expungement of government records; it does not authorize the declaratory and injunctive relief sought by Doe in connection with her APA claims. The doctrine of sovereign immunity raises a thornier problem with respect to Doe’s APA claims. The United States may not be sued without its consent. Affiliated Ute Citizens v. United States, 406 U.S. 128, 141, 92 S.Ct. 1456, 31 L.Ed.2d 741 (1972). “The general rule is that a suit is against the sovereign if ‘the judgment sought would expend itself on the public treasury or domain, or interfere with the public administration,’ Land v. Dollar, 330 U.S. 731, 738 [, 67 S.Ct. 1009, 1012, 91 L.Ed. 1209] (1947), or if the effect of the judgment would be ‘to restrain the Government from acting, or to compel it to act.’ Larson v. Domestic & Foreign [Commerce] Corp., [337 U.S.. 682, [at] 704 [, 69 S.Ct. 1457, at 1468, 93 L.Ed. 1628] (1949)]; Ex parte New York, 256 U.S. 490, 502 [, 41 S.Ct. 588, 591, 65 L.Ed. 1057] (1921).” Dugan v. Rank, 372 U.S. 609, 620, 83 S.Ct. 999, 1006, 10 L.Ed.2d 15 (1962). This “general rule” is not easily applied; the Supreme Court itself has noted that it would be “a Procrustean task” to reconcile all its sovereign immunity decisions. Malone v. Bowdoin, 369 U.S. 643, 646, 82 S.Ct. 980, 8 L.Ed.2d 168 (1962). To determine whether an action against a government officer is precluded by the sovereign immunity doctrine, a court must consider whether the relief sought in a suit nominally addressed to the officer is actually relief against the sovereign. Hawaii v. Gordon, 373 U.S. 57, 58, 83 S.Ct. 1052, 10 L.Ed.2d 191 (1963). The relief requested in the case at bar includes “a declaratory judgment and injunction ordering defendants to amend plaintiff’s records [and] to investigate, and afford plaintiff the opportunity to refute, all derogatory . . . allegations about her, and [to disclose] the identity of the sources of those allegations to the extent the defendants refuse to expunge such allegations.” Doe is not merely seeking to strike the derogatory charges from her file or to compel the CSC to fulfill a statutorily mandated duty. Cf. United States v. Briggs, 514 F.2d 794, 808 (5th Cir. 1976) (sovereign immunity does not bar “comparatively mild” relief to plaintiffs seeking court order expunging their names as unindicted conspirators from federal grand jury indictment); Leopold v. Civil Service Commission, 450 F.Supp. 154, 157-78 (E.D.N.Y. 1978) (sovereign immunity does not bar government attorneys, whose positions were erroneously classified, from receiving “modest” relief, pursuant to mandamus statute, of being eligible for promotions unprejudiced by their previous wrongful classifications; court expressly “expresses no view” as to whether same relief would be available under the APA). Doe seeks “specific relief against an officer of the sovereign acting not in any individual capacity but strictly as an official.” Watson v. Blumenthal, 586 F.2d 925, 929 (2d Cir. 1978). Absent an exception to the general rule, the sovereign immunity doctrine applies to actions seeking declaratory and injunctive relief against the CSC, see, e. g., Hill v. United States, 571 F.2d 1098 (9th Cir. 1978); Gnotta v. United States, 415 F.2d 1271 (8th Cir.), cert. denied, 397 U.S. 934, 90 S.Ct. 941, 25 L.Ed.2d 115 (1969), or to an action to compel disclosure of allegedly secret information held by a government agency, see, e. g., Leonhard v. Mitchell, 473 F.2d 709 (2d Cir. 1973). See also James v. Ambrose, 367 F.Supp. 1321 (D.V.I.1973) (sovereign immunity bars suit against custom service where plaintiff seeks a hearing on his discharge, reinstatement, and a declaratory judgment). Although the issue is not free from doubt, the Court concludes that it lacks jurisdiction over Doe’s APA claims unless they fall within a statutory waiver of immunity or one of the recognized exceptions to the sovereign immunity rule. See Watson v. Blumenthal, supra, 586 F.2d at 929-30. Section 702 of the APA provides, in part, that: An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The Second Circuit, however, has held that this provision does not remove the defense of sovereign immunity from APA actions seeking equitable relief that are brought pursuant to section 1331. Watson v. Blumenthal, supra, 586 F.2d at 932. Nor is the defense affected by the 1976 amendments to section 1331 that abolished the jurisdictional amount requirement in suits against the United States, its agencies, and employees acting in their official capacities. Id. As stated by the Second Circuit in Watson : [T]here is no subject matter jurisdiction under the APA because the Act itself is not a grant of jurisdiction. Califano v. Sanders, 430 U.S. at 105, 97 S.Ct. 980, 51 L.Ed.2d 192, and the amendments also do not provide for jurisdiction but only make it clear that sovereign immunity will not be a defense in actions in which jurisdiction does exist; there is also no jurisdiction under § 1331 because of sovereign immunity, a defense that the amendments did not affect. Just as prior to the amendments to § 1331 the absence of a jurisdictional amount under the APA did not negate the requirement of a minimum amount in controversy in actions under § 1331, now the waiver of sovereign immunity under the APA does not affect the limitation of the sovereign immunity defense on jurisdiction under § 1331. Id. The Watson court held in the alternative that the Tucker Act, 28 U.S.C. § 1491, precluded the district court’s jurisdiction under section 1331 in that case. Therefore, the court’s discussion of the effect of section 702 on section 1331 jurisdiction was not essential to the court’s ruling in the case. Sharrock v. Harris, 473 F.Supp. 1173, at 1176 (S.D.N.Y.1979). Nevertheless, this Court is compelled to follow the Second Circuit’s clear pronouncement that neither the APA nor the section 1331 amendments negate the sovereign immunity defense in actions brought for non-monetary relief under section 1331. Sovereign immunity is not, however, a valid defense to Doe’s claim that the CSC investigatory procedures violated her constitutional rights. The immunity doctrine does not bar a suit against federal officials when “the complaint alleges that agents of the Government have exceeded their constitutional authority while purporting to act in the name of the sovereign.” Berk v. Laird, 429 F.2d 302, 306 (2d Cir. 1970), cert. denied sub nom. Orlando v. Laird, 404 U.S. 869, 92 S.Ct. 94, 30 L.Ed.2d 113 (1971); see Dugan v. Rank, supra, 372 U.S. at 621-22, 83 S.Ct. 999; Larson v. Domestic & Foreign Commerce Corp., supra, 337 U.S. at 689-91, 69 S.Ct. 1457; Leonhard v. Mitchell, supra, 473 F.2d at 712 n.2; Menard v. Mitchell, 139 U.S.App.D.C. 113, 120 n.36, 430 F.2d 486, 493 n.36 (D.C.Cir.1970). Judicial review pursuant to the APA includes determining the constitutionality of an agency’s conduct. 5 U.S.C. § 706(2)(B). See Hoffman v. HUD, 519 F.2d 1160, 1165 (5th Cir. 1975). Thus, in contrast to Watson, this Court has jurisdiction under section 1331 because the sovereign immunity defense is not available to defendants charged with violating the Constitution. See Mow Sun Wong v. Hampton, 333 F.Supp. 527, 529-30 (N.D.Cal.1971), rev’d on other grounds, 500 F.2d 1031 (9th Cir. 1973), aff’d, 426 U.S. 88, 96 S.Ct. 1895, 48 L.Ed.2d 495 (1975). The CSC’s administrative actions can therefore be reviewed by the Court to determine whether Doe’s constitutional rights were violated. Cf. Kletschka v. Driver, 411 F.2d 436, 445 (2d Cir. 1969) (sovereign immunity does not preclude district court’s jurisdiction to grant declaratory and injunctive relief under the APA if plaintiff establishes that he is statutorily entitled to a hearing). The Watson ruling that sovereign immunity precludes jurisdiction over APA claims pursuant to section 1331 prevents this Court from entertaining Doe’s claim that the CSC’s conduct was arbitrary and an abuse of discretion. Although the immunity defense does not bar judicial review of an officer’s acts if they “conflict with the terms of his valid statutory authority,” Larson v. Domestic & Foreign Commerce Corp., supra, 337 U.S. at 695, 69 S.Ct. at 1464, “the fact that defendant’s acts were wrongful or erroneous is not sufficient to demonstrate that they are outside the scope of his authority.” Wright, Miller & Cooper, Federal Practice and Procedure: Jurisdiction § 3655 (1976). See, e. g., Larson v. Domestic & Foreign Commerce Corp., supra, 337 U.S. at 690, 69 S.Ct. at 1461 (“A claim of error in the exercise of that power is therefore not sufficient.”); Gardner v. Harris, 391 F.2d 885, 888 (5th Cir. 1968) (“Merely because the Superintendent may have acted wrongfully . . ., either as a matter of violation of property rights . or as a tort . . . does not amount to circumstances fulfilling the exception that the officer must be acting beyond his statutory power.”); James v. Ambrose, supra, 367 F.Supp. at 1324, 1326 (complaint alleging that discharge from position was “arbitrary” did not make an “affirmative allegation of any relevant statutory limitation upon any of the defendants’ power or that a government official has exceeded his statutory authority” sufficient to override sovereign immunity defense). Because this claim does not fall within one of the recognized exceptions to the sovereign immunity doctrine, the Court lacks jurisdiction to hear this charge of administrative abuse. See Faith Hosp. Serv. v. Blue Cross Hosp. Serv., Inc., 393 F.Supp. 601 (E.D.Mo.1975), modified, 537 F.2d 294 (8th Cir. 1976) (claim that HEW decisions were arbitrary and wrongful barred by sovereign immunity; claim that procedures violated plaintiff’s due process rights not barred by immunity doctrine because it challenged constitutionality of official action). C. Constitutional Claims Doe alleges that the defendants violated her constitutional rights of privacy and due process by entering derogatory allegations in her file without adequately investigating the matter ana without affording her the opportunity to refute those charges. She also contends that the CSC deprived her of due process by refusing to disclose the identity of the sources while also refusing to expunge, the allegations. Doe acknowledges that under United States v. Testan, 424 U.S. 392, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976), she is not entitled to monetary damages against the United States or the CSC officials in their official capacities. With respect to these defendants, therefore, Doe seeks declaratory and injunctive relief for the alleged violation of her constitutional rights. In contrast to her Privacy Act and APA claims, Doe’s constitutional charges are also directed to the named defendants in their individual capacities. The motion for summary judgment made by the named defendants in their individual capacities is supported by a one sentence memorandum in which they state that they join in the motion filed on behalf of the CSC and the defendants in their official capacities. While the Court applauds this effort to conserve resources by not needlessly repeating arguments already presented, it is surprising that the individual defendants did not discuss the legal and factual issues relating solely to the personal charges made against them. The defendants’ motion for summary judgment makes two distinct arguments in response to Doe’s constitutional claims. First, the defendants argue, the Court should not imply a constitutional remedy á la Bivens because Congress has provided a statutory remedy for Doe’s complaints by enacting the Privacy Act. Second, defendants contend that “there is no basis” for Doe’s constitutional claims because neither the right to privacy nor due process protects the personal interests at stake in this case. The Court rejects both contentions. Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), is the landmark case in which the Supreme Court first implied a private cause of action for damages arising out of a violation of constitutional rights by government officials. Six agents of the Federal Bureau of Narcotics conducted an illegal search of Bivens’ apartment in violation of the Fourth Amendment. Bivens had no adequate remedy for the damages he suffered because the United States had not yet waived its sovereign immunity for intentional torts committed by its agents. (The Federal Tort Claims Act was subsequently amended to allow suits for claims arising out of assault, battery, and false arrest. Pub.L. 93-253, § 2, 88 Stat. 50, codified at 28 U.S.C. § 2680(h) (Supp. V 1975)). Since only federal agents had participated in the search, 42 U.S.C. § 1983, which reaches only state action, was inapplicable. Bivens was never prosecuted so there was no occasion to suppress illegally seized evidence pursuant to the exclusionary rule. Therefore, in order to redress the violation of his constitutional rights, Bivens only recourse was an action for damages based directly on the Fourth Amendment. Upholding this constitutional cause of action, the Supreme Court stated that “where federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to grant the necessary relief.” Id. at 392, 91 S.Ct. at 2002, quoting Bell v. Hood, 327 U.S. 678, 684, 66 S.Ct. 773, 90 L.Ed. 939 (1946). The Court agrees with defendants’ assertion that “the existence of an effective and substantial federal statutory remedy for the plaintifff] obviates the need to imply a constitutional remedy on the plaintiff's] behalf.” Mahone v. Waddle, 564 F.2d 1018, 1024-25 (3d Cir. 1977); see Kostka v. Hogg, 560 F.2d 37, 42 (1st Cir. 1977); Neely v. Blumenthal, 458 F.Supp. 945, 956-57 (S.D.N.Y.1978). Therefore, it is unnecessary to fashion a cause of action directly from the Constitution to the extent that the equitable relief requested against the CSC for its unconstitutional conduct would be available under the APA, pursuant to the Court’s prior discussion of that statutory claim. However, the Court disagrees with defendants’ contention that the relief provided by the Privacy Act under the circumstances alleged in this ease precludes the implication of a constitutional cause of action. Privacy Act remedies are limited to actual damages and an amendment of the agency’s records. Doe seeks broader injunctive and declaratory relief against the CSC officials — an opportunity to affirmatively clear her name and a declaration of her constitutional rights with respect to the past and future actions of the CSC. Furthermore, her claims relate, in part, to events that occurred before the effective date of the Privacy Act. That statute, therefore,' could not determine all the legal issues and claims arising out of the series of events involved in this lawsuit. For example, the record keeping standards established by the Act did not go into effect until after the CSC investigative reports were compiled and the information was released to the Fellowship Commission. Moreover, the Privacy Act states that “[n]othing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.” 5 U.S.C. § 552a(g)(5). Monetary damages, therefore, could not be awarded under the Act for any injury that resulted from the disclosure of the allegations to the Fellowship Commission. The defendants argue that the Court could determine that the CSC’s investigative technique and personnel report were improper under the Privacy Act even though the information was collected prior to the effective date of the statute. According to the defendants, if CSC procedures are found to have violated the standards now established by the Act, “then the Court in framing its judgment has the power under the Privacy Act to order CSC in subsequent investigations of the plaintiff to proceed in a different fashion.” Reply Memorandum in Support of Motion for Summary Judgment at 11 (“Reply Memorandum II”). Notwithstanding the defendants’ generous view of the Court’s authority, the fact remains that the Act does not govern conduct that occurred before its effective date. Meisch v. United States Army, 435 F.Supp. 341, 344 (E.D.Mo.), aff'd, 566 F.2d 1178 (8th Cir. 1977). Although Doe has a valid Privacy Act claim for post-effective date actions, the statute does not necessarily determine all the rights and responsibilities of the parties to this lawsuit. This case is therefore distinguishable from Mahone v. Waddle, supra, which is relied upon by the defendants. In Mahone, the Third Circuit refused to imply a cause of action for race discrimination under the Fourteenth Amendment because the plaintiffs stated a claim under 42 U.S.C. § 1981. The court stated that while “§ 1981 reaches only racial discrimination whereas the fourteenth amendment applies as well to other discriminatory conduct, the specific fourteenth amendment violations alleged in the instant case are racial in character and as such, are fully actionable under § 1981.” Mahone v. Waddle, supra, 564 F.2d at 1025 n.8. Doe’s constitutional claims may not, however, be “fully actionable” under the Privacy Act because they relate, in part, to events occurring prior to the statute’s effective date and seek equitable relief unavailable under the Act. The defendants’ contention that the Privacy Act necessarily precludes a constitutional cause of action runs counter to the Second Circuit’s recent decision in Hernandez v. Lattimore, No. 78-2098, slip op. (2d Cir. December 6,1979). The Hernandez court rejected the argument that the remedies provided by the Federal Tort Claims Act, 28 U.S.C. § 2680(h), for the unconstitutional conduct of prison officials precluded a cause of action implied directly from the Eighth Amendment. Noting that the case “does not arise in the remedial void that handicapped Webster Bivens,” the court stated that “[nevertheless, it seems clear that Congress in closing that void did not intend to shut out damage actions against government officers who violate constitutionally secured rights.” Id. at 5610. Although the legislative history of the Privacy Act does not expressly refer to the availability of other forms of relief, of. id. at 5611 (“even a cursory reading of the Senate Committee report [on the Federal Tort Claims Act] demonstrates a congressional intent to provide a remedy against the federal government in addition to, but not wholly in the place of, the private cause of action created by Bivens ”), nothing in the statute or its legislative reports indicates that it was intended as an exclusive remedy for claims arising out of administrative investigations. The defendants also contend that “[recognition of a direct constitutional claim would permit a plaintiff to thereby by-pass [sic] administrative review and deprive the: agency of an opportunity to correct inaccuracies in its own records.” Undoubtedly, the existence of a congressionally established administrative scheme to handle claims of federal rights violations may counsel against the implication of a constitutional cause of action. Torres v. Taylor, 456 F.Supp, 951, 954 (S.D.N.Y.1978); see Turpin v. Mallet, 579 F.2d 152, 167 (2d Cir. 1978), vacated sub nom. City of West Haven v Turpin, 439 U.S. 974, 99 S.Ct. 554, 58 L.Ed.2d 645 (1978), modified, 591 F.2d 426 (2d Cir. 1979) (en banc). This consideration, however, and the cases cited by the defendants to support their argument, are inapposite to the case before the Court. Defendants rely on several cases in which the Supreme Court has refused to imply a private cause of action under a statute that does not provide such a remedy. E. g., Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975); Securities Investor Protection Corp. v. Barbour, 421 U.S. 412, 95 S.Ct. 1733, 44 L.Ed.2d 263 (1975); National R.R. Passenger Corp. v. National Ass’n of R.R. Passengers, 414 U.S. 453, 94 S.Ct. 690, 38 L.Ed.2d 646 (1974). Yet the Supreme Court has recently stated that “the question of who may enforce a statutory right is fundamentally different than the question of