§ 317.112 - Criminal penalties.

The Privacy Act (5 U.S.C. 552a(i)) authorizes three criminal penalties against individuals. All three are misdemeanors punishable by fines of $5,000.

(a) Wrongful disclosure. Any member or employee of the agency who, by virtue of his or her employment or position, has possession of or access to records and willfully makes a disclosure to anyone not entitled to receive the information.

(b) Maintaining unauthorized records. Any member or employee of the agency who willfully maintains a system of records for which a notice has not been published.

(c) Wrongful requesting or obtaining records. Any person who knowingly and willfully requests or obtains a record concerning an individual from the agency under false pretenses.