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FOR OFFICIAL USE ONLY WARNING

Privacy Act of 1974 (5 U.S.C. 552a)

“Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder and who knowing that disclosure of the specific material is so prohibited willfully discloses the material in any manner to any person or agency not entitled to receive it shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. § 552a(i)(1). “Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. 5 U.S.C. § 552a(i)(2). “Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. § 552a(i)(3) NOTE: The amendment of the Privacy Act of 1974 includes the Computer Matching Act of 1988 (Public Law 100-503), the DoD Privacy Program (DODD 5400.11) and the DoD Privacy Program (DoD 5400.11-R).

Health Insurance Portability and Accountability Act of 1996, (HIPAA) (Public Law 104-191)

Under the statutory provisions, Congress has established criminal penalties for knowingly violating patient privacy. Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under “false pretenses”, and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain, or malicious harm. In addition, the Requestor and any individual employed or affiliated therewith, may be subject to civil suit under the Privacy Act of 1974 for damages which occur as a result of willful or intentional actions which violate an individual's rights under the Privacy Act of 1974. NOTE: The DoD Health Information Privacy Regulation (DoD 6025.18-R) issued pursuant to HIPAA, applies to most such health information. DoD 6025.18-R may place additional procedural requirements on the uses and disclosures of such information beyond those found in the Privacy Act of 1974.

Computer Fraud & Abuse Act, (P.L. 99-474))

Under the statutory provisions, this act prohibits unauthorized or fraudulent access to Government computer systems. The maximum fine of up to $5,000 or double the value of anything obtained via the unauthorized access, plus up to 5 years' imprisonment.