Remedies for the Improper Disclosure of Personal Information Page: 4 of 5
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Title Applies To Records Private Right of Action Civil Penalty Criminal Penalty
Telecommunications Telecomm- Consumer No express private right of FTC authorized to bring enforcement actions None.
Act of 1996 - 47 U.S.C. unications proprietary action.4 and impose civil penalties for violations as
222. carriers. network infor- unfair and deceptive trade acts or practices
mation. under the Federal Trade Commission Act.
Electronic Providers Telecomm- An aggrieved individual may Actual damages (not less than $1,000), Fine up to $250,000 for
Communications of unications, e- bring a civil action within two punitive damages for knowing or intentional individuals and $500,000 for
Privacy Act of 1986 - electronic mails and years of discovery of improper noncompliance, litigation costs and attorney organizations, imprisonment of
18 U.S.C. 2510-2522. comm- stored interception or disclosure of fees. not more than five years or
unications computer data. wire, oral, or electronic both.
Computer Fraud and Anyone. Computers in An aggrieved person may bring Compensatory damages and injunctive For simple violations ,
Abuse Act - 18 U.S.C. which there is suit within two years after relief. Damages are limited to economic imprisonment up to one year
1030 a federal violation occurs or discovery damages. and/or fine. For violations for
interest. of the damage. gain or involving more than
$5,000, imprisonment up to
five years and/or fine. For
repeat offenders, imprisonment
up to 10 years and/or fine.
Gramm-Leach-Bliley Financial Non-public No. Consumers can complain FTC authorized to bring enforcement actions Fine, imprisonment for not
Act - 15 U.S.C. 6801- institutions personal to one of the seven federal and impose civil penalties for violations as more than 5 years, or both.
6809. financial agencies that have jurisdiction unfair and deceptive trade acts or practices Enhanced penalties for
records. and enforcement authority over under the Federal Trade Commission Act, aggravated cases.
a See, Conboy v. AT&T Corp., 241 F.3d 242,251 (2d Cir. 2001)(finding that Section 222 of the Act did not provide for the recovery of
presumed , or "statutory," damages).
s The seven federal agencies which enforce the privacy provisions are: (1) the Federal Deposit Insurance Corporation; (2) the Federal
Reserve; (3) the Office of Thrift Supervision; (4) the Office of the Comptroller of the Currency; (5) the National Credit Union
Administration; (6) the Securities and Exchange Commission; and (7) the Federal Trade Commission.
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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/m1/4/: accessed September 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.