![]() 19, 2013) (holding that plaintiff could not maintain civil action seeking imposition of criminal penalties) McNeill v. 2018) (finding that “lthough section 552a(i) of the Privacy Act does provide criminal penalties for federal government employees who willfully violate certain aspects of the statute, cannot initiate criminal proceedings against by filing a civil suit”) Singh v. ![]() 2019) (concluding that “while and its employees could be subject to criminal liability for violations of the Privacy Act, has no authority to bring criminal prosecutions, and no relief the Court could issue against Education would forestall such a prosecution”) Ashbourne v. 1985) finding claim against private corporation under § 552a(i) was futile, as it provides for criminal penalties only and because information obtained was about that corporation and not individual) Pennsylvania Higher Educ. § 552a(g)(1) for an alleged violation of 5 U.S.C. 2018) (concluding that plaintiff’s complaint “erroneously mixes and matches criminal and civil portions of the Privacy Act” by seeking redress under 5 U.S.C. These provisions are solely penal and create no private right of action. Similarly, any individual who knowingly and willfully obtains a record under false pretenses is guilty of a misdemeanor and subject to a fine up to $5,000. The Privacy Act allows for criminal penalties in limited circumstances.Īn agency official who improperly discloses records with individually identifiable information or who maintains records without proper notice, is guilty of a misdemeanor and subject to a fine of up to $5,000, if the official acts willfully. “Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. “Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C. “Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.” 5 U.S.C.
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