D.C. Mun. Regs. tit. 29, r. 29-3005

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 29-3005 - CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL USE OR DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THE ACT
3005.1

A person who negligently uses or discloses HHSI in a manner not authorized by the Act or other District law shall be liable in an amount of five hundred dollars ($500) for each violation.

3005.2

For purposes of this section, "negligently" means that a person guided by ordinary considerations should have known, and by exercising reasonable diligence would have known, that the use or disclosure was not authorized.

3005.3

A person who willfully uses or discloses HHSI in a manner not authorized by the Act or other District law shall be liable in an amount of one thousand dollars ($1,000) for each violation.

3005.4

A person who knowingly obtains, uses, or discloses HHSI in a manner not authorized by the Act or other District law shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than two thousand five hundred dollars ($2,500), imprisoned not more than sixty (60) days, or both. If the offense is committed through deception or theft, the person shall be guilty of a misdemeanor and shall be fined not more than five thousand dollars ($5,000), imprisoned for not more than one hundred eighty (180) days, or both.

3005.5

If a civil or criminal penalty imposed by another law applies to an action that is also subject to a civil or criminal penalty under the Act, the greater penalty shall apply.

D.C. Mun. Regs. tit. 29, r. 29-3005

As amended by Final Rulemaking published at 61 DCR 8497 (August 15, 2014)
Authority: Section 108 of the Data-Sharing and Information Coordination Amendment Act of 2010 (Act), effective December 4, 2010 (D.C. Law 18-273; D.C. Official Code § 7-248 (2012 Repl.)), and Mayor's Order 2011-169, dated October 5, 2011.