Section 29-3005. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL USE OR DISCLOSURE OF INFORMATION IN ACCORDANCE WITH THE ACT  


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    3005.1A 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.

     

    3005.2For 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.

     

    3005.3A 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.

     

    3005.4A 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.

     

    3005.5If 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.

     

     

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.

source

Final Rulemaking published at 61 DCR 8497 (August 15, 2014).