P.R. Laws tit. 3, § 982
The Institute shall adopt specific and strict procedures and guidelines by means of regulation, to ensure the confidentiality of the information under its custody. During the auditing, evaluation, review or investigation processes authorized by this chapter, the Institute shall specifically highlight the status of the measures taken by the corresponding government organism to safeguard the confidentiality of the information under its custody.
No part of this chapter shall be construed in prejudice to any higher level of confidentiality protection conferred by any other law, regulation or agreement between a private entity and a government organism.
Any official or employee of the Institute who intentionally discloses or allows the unlawful disclosure or reproduction of confidential information shall be guilty of a felony that shall be punishable by the imposition of a fine of seven thousand dollars ($7,000) or a fixed jail term of up to one (1) year, or both penalties, at the discretion of the court. If there are aggravating circumstances, the penalty may be increased up to a maximum of two (2) years or up to ten thousand dollars ($10,000). If there are extenuating circumstances, the penalty may be reduced to a minimum of six (6) months and one (1) day, or a fine of up to five thousand one dollars ($5,001). In addition, the official shall answer in civil action for the damages caused by the disclosure or allowing to disclose confidential information.
Any official or employee of the Institute who negligently discloses or allows the unlawful disclosure or reproduction of confidential information shall answer personally with his/her own money for any damage caused to the private entity or government organism that provided the information, pursuant to the confidentiality protection contained in this chapter. Neither the Institute nor any other government organism of the Commonwealth of Puerto Rico shall answer any civil action for a negligent disclosure of confidential information.
The penalties described in this section shall also apply to officials and employees of any government organism who disclose or allow the negligent disclosure or reproduction of confidential information.
History —Aug. 28, 2003, No. 209, § 13; July 27, 2004, No. 170, § 8.