Supporting Law

From the U.S. Code Online via GPO Access
[www.gpoaccess.gov]
[Laws in effect as of January 3, 2007]
[CITE: 42USC3789g]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER VIII--ADMINISTRATIVE PROVISIONS
Sec. 3789g.

Confidentiality of information

(a) Research or statistical information; immunity from process;
prohibition against admission as evidence or use in any
proceedings
No officer or employee of the Federal Government, and no recipient of assistance
under the provisions of this chapter shall use or reveal any research or statistical
information furnished under this chapter by any person and identifiable to any
specific private person for any purpose other than the purpose for which it was
obtained in accordance with this chapter. Such information and copies thereof
shall be immune from legal process, and shall not, without the consent of the person
furnishing such information, be admitted as evidence or used for any purpose in any
action, suit, or other judicial, legislative, or administrative proceedings.
(b) Criminal history information; disposition and arrest data;
procedures for collection, storage, dissemination, and current
status; security and privacy; availability for law enforcement,
criminal justice, and other lawful purposes; automated systems:
review, challenge, and correction of information
All criminal history information collected, stored, or disseminated through
support under this chapter shall contain, to the maximum extent feasible,
disposition as well as arrest data where arrest data is included therein. The
collection, storage, and dissemination of such information shall take place under
procedures reasonably designed to insure that all such information is kept current
therein; the Office of Justice Programs shall assure that the security and privacy
of all information is adequately provided for and that information shall only be
used for law enforcement and criminal justice and other lawful purposes. In
addition, an individual who believes that criminal history information concerning
him contained in an automated system is inaccurate, incomplete, or maintained in
violation of this chapter, shall, upon satisfactory verification of his identity, be
entitled to review such information and to obtain a copy of it for the purpose of
challenge or correction.

(c) Criminal intelligence systems and information; prohibition against
violation of privacy and constitutional rights of individuals
All criminal intelligence systems operating through support under this chapter shall
collect, maintain, and disseminate criminal intelligence information in conformance
with policy standards which are prescribed by the Office of Justice Programs and
which are written to assure that the funding and operation of these systems furthers
the purpose of this chapter and to assure that such systems are not utilized in violation
of the privacy and constitutional rights of individuals.
(d) Violations; fine as additional penalty
Any person violating the provisions of this section, or of any rule, regulation, or order
issued thereunder, shall be fined not to exceed $10,000, in addition to any other penalty
imposed by law.
(Pub. L. 90-351, title I, Sec. 812, formerly Sec. 818, as added Pub. L. 96-157, Sec. 2, Dec. 27,
1979, 93 Stat. 1213; renumbered Sec. 812 and amended Pub. L. 98-473, title II, Sec. 609B(f),
(k), Oct. 12, 1984, 98 Stat. 2093, 2096; Pub. L. 109-162, title XI, Sec. 1115(c), Jan. 5, 2006,
119 Stat. 3104.)

Prior Provisions
A prior section 812 of Pub. L. 90-351 was classified to section 3789a of this title prior to
repeal by section 609B(e) of Pub. L. 98-473.

Amendments
2006--Subsec. (a). Pub. L. 109-162 substituted ``No'' for ``Except as provided by Federal law
other than this chapter, no''.
1984--Subsecs. (b), (c). Pub. L. 98-473, 609B(k), substituted ``Office of Justice Programs'' for
``Office of Justice Assistance, Research, and Statistics''.

Effective Date of 1984 Amendment
Amendment by section 609B(k) of Pub. L. 98-473 effective Oct. 12, 1984, see section
609AA(a) of Pub. L. 98-473, set out as an Effective Date note under section 3711 of this title.