IAPP CIPP/US Practice Exam

Category - Professional

If an agency official who has access to records with personally identifiable information willfully discloses that information improperly, the individual may face criminal liability under which of the following?
  1. Americans with Disabilities Act
  2. The US Freedom Act of 2015
  3. The Privacy Act
  4. Civil Rights Act of 1964
Explanation
Answer: C - In specific and limited circumstances, The Privacy Act allows for criminal penalties. If an official will access records containing personally identifiable information knowingly or willfully discloses that information improperly, the disclosing individual may face criminal penalties.

This type of unlawful and willful disclosure is classified as a misdemeanor and the individual may be subject to fines up to $5,000. Some U.S. courts have required that a defendant be found not guilty of criminal charges under this act if not proven beyond a reasonable doubt to willfully disclose the protected information. In such cases, gross negligence has been deemed insufficient for prosecution.
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