[20020708]RS21229_不当披露个人信息的补救措施.pdf

1 15 U.S.C. 41 et seq.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS21229Updated July 8, 2002Remedies for the Improper Disclosure ofPersonal Informationname redactedLegislative AttorneyAmerican Law DivisionSummary This report provides an overview of the available remedies in selected federalprivacy laws. This report will be updated as events warrant.Applicable federal statutes provide a wide array of remedies for improper disclosureof certain personal information. Some provide criminal penalties including fines rangingfrom $5,000 to $250,000 and/or imprisonment from 6 months to 10 years depending onwhether the violation was committed under false pretenses or for commercial advantage,personal gain or malicious harm. Other statutes provide private rights of action foraggrieved individuals and award actual damages, compensatory damages and punitivedamages for willful, intentional or knowing violations. Other statutes provide that Stateattorneys general may bring civil actions on behalf of the residents of a state. A few ofthe privacy statutes do not provide for private or state rights of action. Instead, otheragen