It is likely that NGO’s not industry plaintiffs will establish the justiciability of the Data Quality Act.
Also consider the following challenges:
Athough the above transactions have not gone to court it is likely that they will and when that occurs one or more of the aforementioned plaintiffs could establish judicial review of the DQA.
RE: Foreign Terrorist Entry
The Complaint filed in the Northern District of California includes the statement: “Muslim Advocates sought a retraction and correction of the Report because its presentation of information does not meet the level of quality required of federal agencies by the IQA and its implementing Guidelines. Defendants have failed to comply with their obligation to respond to this request for retraction, and accordingly, Plaintiff seeks judicial relief pursuant to the APA.”
“This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331, because this action arises under federal law, specifically the Information Quality Act, 44 U.S.C. § 3516 note (“IQA”), and the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. (“APA”).”
“Prayer for Relief
WHEREFORE, Plaintiff prays that this Court grant the following relief:
- Declare that the Report disseminates information that fails the standard of quality required of federal agencies;
- Declare that Defendants violated the IQA, its implementing Guidelines, and the APA;
3. Enjoin Defendants to cease dissemination of the Report;”