Confidentiality Legislation

42 USC 3789g
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 46 - JUSTICE SYSTEM IMPROVEMENT
SUBCHAPTER VIII - ADMINISTRATIVE PROVISIONS
§ 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, § 812, formerly § 818, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat.
1213; renumbered § 812 and amended Pub. L. 98–473, title II, § 609B(f), (k), Oct. 12, 1984, 98 Stat.
2093, 2096; Pub. L. 109–162, title XI, § 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.

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42 USC 3789g
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

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.

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