§ 7–245. Civil penalties for unlawful use or disclosure.

(a)(1) A person who negligently uses or discloses health and human services information in a manner not authorized by this chapter or other District law shall be liable in an amount of $500 for each violation.

(2) For the purposes of this subsection, the term “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.

(b) A person who willfully uses or discloses health and human services information in a manner not authorized by this chapter or other District law shall be liable in an amount of $1,000 for each violation.

(c) This section shall not apply to disclosures of information authorized pursuant to other District law or to federal law.

(Dec. 4, 2010, D.C. Law 18-273, § 105, 57 DCR 7171; Sept. 26, 2012, D.C. Law 19-171, § 53(a), 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 105 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).

For temporary (90 day) addition, see § 105 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).

For temporary (90 day) amendment of section, see § 211(b) of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).