Remedies for the Improper Disclosure of Personal Information Page: 3 of 5
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Title Applies To Records Private Right of Action Civil Penalty Criminal Penalty
Privacy Act of 1974- Federal Individually An aggrieved individual must Actual damages (not less than $1,000), For willful disclosure,
5 U.S.C. 552a. agencies. identifiable bring suit within two years litigation costs and attorney fees. misdemeanor offense and fine
federal agency after discovery of of not more than $5,000.
records. impermissible disclosure.
Family Educational Educational Student No.3 None. An institution with a policy or None.
Rights and Privacy Act institutions records. practice of improper disclosure shall lose
- 20 U.S.C. 1232g. receiving federal funds.
Health Insurance Health Individually No. Individuals have the right None. For simple violations, fine up
Portability & plans, identifiable to file a formal complaint with to $50,000 and/or
Accountability Act - 42 health care health a covered provider or health imprisonment of up to one
U.S.C. 1320d et seq. providers information. plan, or with the Department of year. For violations committed
and Health and Human Services. under false pretenses, fine up
clearing- to $100,000 and/or
houses. imprisonment up to 5 years.
For offenses committed for
personal gain, or malicious
harm, fine up to $250,000
and/or imprisonment up to 10
Cable Communication Cable Cable Any person aggrieved may Actual damages (but not less than liquidated None.
Policy Act of 1984 - 47 television television bring a civil action for damages computed at the rate of $100 a day
U.S.C. 551. service subscriber improper disclosure of or $1,000, whichever is higher), punitive
providers. records. personally identifiable damages, litigation costs and attorney fees.
3 In Gonzaga v. Doe, the United States Supreme Court held that FERPA provisions create no personal rights to enforce under 42 U.S.C.
1983. No. 01-679, slip op. at 3-15 (June 20, 2002).
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Remedies for the Improper Disclosure of Personal Information, report, July 8, 2002; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc806936/m1/3/: accessed December 14, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.