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HENKE v. U.S. DEPT. OF COMMERCE

No. 95-5195.

83 F.3d 1453 (1996)

Wanda HENKE, Appellee, v. UNITED STATES DEPARTMENT OF COMMERCE and National Science Foundation, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1996.

Attorney(s) appearing for the Case

Wendy M. Keats, Attorney, United States Department of Justice, argued the cause for appellants, with whom Frank W. Hunger, Assistant Attorney General, Leonard Schaitman, Attorney and Eric H. Holder, Jr., United States Attorney, were on the briefs.

Eric R. Glitzenstein, Washington, DC, argued the cause for appellee, with whom Katherine A. Meyer was on the brief.

Before: WALD, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The issue in this case is whether the Department of Commerce's Advanced Technology Program ("ATP") maintains a "system of records" containing "records" about appellee Wanda Henke, within the meaning of the Privacy Act, 5 U.S.C. § 552a (1994) ("Act"). Henke is the President and co-owner of Dynamic In Situ Geotechnical Testing, Inc. ("Dynamic") — a company which develops earthquake...

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