Confidential Information Protection and Statistical Efficiency Act of 2002
| Confidential Information Protection and Statistical Efficiency Act of 2002 | |
|---|---|
| Short Title | Confidential Information Protection and Statistical Efficiency Act |
| Official Text | Confidential Information Protection and Statistical Efficiency Act of 2002 |
| Country/Jurisdiction | United States |
| State or Province | |
| Regulatory Bodies | |
| Date Enacted | 2002/12/17 |
| Scope of the Law | Individuals, Businesses, and Other Organizations |
| Information | |
| Taxonomy | Breach of Confidentiality, Disclosure, Secondary Use |
| Strategies | |
44 U.S.C.: Public Printing and Documents and 44 U.S.C. ch. 35, subch. I § 3501 et seq. were amended by the Confidential Information Protection and Statistical Efficiency Act of 2002. The purpose of the Act is to protect the confidentiality of information acquired from the public for statistical purposes, and to permit the exchange of business data among designated statistical agencies for statistical purposes only. The Act is also known as E-Government Act of 2002.
Text of the law
Subtitle A—Confidential Information Protection
SEC. 511. FINDINGS AND PURPOSES.
(a) Findings.—The Congress finds the following:
(1) Individuals, businesses, and other organizations have varying degrees of legal protection when providing information to the agencies for strictly statistical purposes.
(2) Pledges of confidentiality by agencies provide assurances to the public that information about individuals or organizations or provided by individuals or organizations for exclusively statistical purposes will be held in confidence and will not be used against such individuals or organizations in any agency action. Breach of Confidentiality, Disclosure
(3) Protecting the confidentiality interests of individuals or organizations who provide information under a pledge of confidentiality for Federal statistical programs serves both the interests of the public and the needs of society.
(4) Declining trust of the public in the protection of information provided under a pledge of confidentiality to the agencies adversely affects both the accuracy and completeness of statistical analyses.
(5) Ensuring that information provided under a pledge of confidentiality for statistical purposes receives protection is essential in continuing public cooperation in statistical programs.
(b) Purposes.—The purposes of this subtitle are the following:
(1) To ensure that information supplied by individuals or organizations to an agency for statistical purposes under a pledge of confidentiality is used exclusively for statistical purposes. Breach of Confidentiality, Secondary Use
(2) To ensure that individuals or organizations who supply information under a pledge of confidentiality to agencies for statistical purposes will neither have that information disclosed in identifiable form to anyone not authorized by this title nor have that information used for any purpose other than a statistical purpose.
(3) To safeguard the confidentiality of individually identifiable information acquired under a pledge of confidentiality for statistical purposes by controlling access to, and uses made of, such information.
SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND INFORMATION.
(a) Use of Statistical Data or Information.—
Data or information acquired by an agency under a pledge of confidentiality and for exclusively statistical purposes shall be used by officers, employees, or agents of the agency exclusively for statistical purposes.
(b) Disclosure of Statistical Data or Information.—
(1) Data or information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes shall not be disclosed by an agency in identifiable form, for any use other than an exclusively statistical purpose, except with the informed consent of the respondent.
(2) A disclosure pursuant to paragraph (1) is authorized only when the head of the agency approves such disclosure and the disclosure is not prohibited by any other law.
(3) This section does not restrict or diminish any confidentiality protections in law that otherwise apply to data or information acquired by an agency under a pledge of confidentiality for exclusively statistical purposes.
(c) Rule for Use of Data or Information for Nonstatistical Purposes.—A statistical agency or unit shall clearly distinguish any data or information it collects for nonstatistical purposes (as authorized by law) and provide notice to the public, before the data or information is collected, that the data or information could be used for nonstatistical purposes.
(d) Designation of Agents.—A statistical agency or unit may designate agents, by contract or by entering into a special agreement containing the provisions required under section 502(2) for treatment as an agent under that section, who may perform exclusively statistical activities, subject to the limitations and penalties described in this title.
SEC. 513. FINES AND PENALTIES. Whoever, being an officer, employee, or agent of an agency acquiring information for exclusively statistical purposes, having taken and subscribed the oath of office, or having sworn to observe the limitations imposed by section 512, comes into possession of such information by reason of his or her being an officer, employee, or agent and, knowing that the disclosure of the specific information is prohibited under the provisions of this title, willfully discloses the information in any manner to a person or agency not entitled to receive it, shall be guilty of a class E felony and imprisoned for not more than 5 years, or fined not more than $250,000, or both.
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