
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3789g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
               SUBCHAPTER VIII--ADMINISTRATIVE PROVISIONS
 
Sec. 3789g. Confidentiality of information


(a) Research or statistical information; immunity from process; 
        prohibition against admission as evidence or use in any 
        proceedings

    Except as provided by Federal law other than this chapter, 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, Sec. 812, formerly Sec. 818, as added Pub. L. 
96-157, Sec. 2, Dec. 27, 1979, 93 Stat. 1213; renumbered Sec. 812 and 
amended Pub. L. 98-473, title II, Sec. 609B(f), (k), Oct. 12, 1984, 98 
Stat. 2093, 2096.)


                            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.


                               Amendments

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 3732, 5672, 10505 of this 
title.
