18 U.S.C. § 2723 — Penalties

Page 673 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2725 1 So in original. The period probably should be a semicolon. 1 So in original. First word only of item should be capitalized. tations, see section 2421 of Pub. L. 104–208, set out as a note under section 1681a of Title 15. § 2722. Additional unlawful acts (a) PROCUREMENT FOR UNLAWFUL PURPOSE.—It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor vehicle record, for any use not permitted under section 2721(b) of this title. (b) FALSE REPRESENTATION.—It shall be unlaw- ful for any person to make false representation to obtain any personal information from an in- dividual’s motor vehicle record. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2723. Penalties (a) CRIMINAL FINE.—A person who knowingly violates this chapter shall be fined under this title. (b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES.—Any State department of motor vehicles that has a policy or practice of substantial noncompliance with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than $5,000 a day for each day of substantial noncompliance. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2724. Civil action (a) CAUSE OF ACTION.—A person who know- ingly obtains, discloses or uses personal infor- mation, from a motor vehicle record, for a pur- pose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court. (b) REMEDIES.—The court may award— (1) actual damages, but not less than liq- uidated damages in the amount of $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorneys’ fees and other liti- gation costs reasonably incurred; and (4) such other preliminary and equitable re- lief as the court determines to be appropriate. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2101.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. § 2725. Definitions In this chapter— (1) ‘‘motor vehicle record’’ means any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle reg- istration, or identification card issued by a de- partment of motor vehicles; (2) ‘‘person’’ means an individual, organiza- tion or entity, but does not include a State or agency thereof; (3) ‘‘personal information’’ means informa- tion that identifies an individual, including an individual’s photograph, social security num- ber, driver identification number, name, ad- dress (but not the 5-digit zip code), telephone number, and medical or disability informa- tion, but does not include information on ve- hicular accidents, driving violations, and driv- er’s status.1 (4) ‘‘highly restricted personal information’’ means an individual’s photograph or image, social security number, medical or disability information; and (5) ‘‘express consent’’ means consent in writ- ing, including consent conveyed electronically that bears an electronic signature as defined in section 106(5) of Public Law 106–229. (Added Pub. L. 103–322, title XXX, § 300002(a), Sept. 13, 1994, 108 Stat. 2102; amended Pub. L. 106–346, § 101(a) [title III, § 309(b)], Oct. 23, 2000, 114 Stat. 1356, 1356A–24.) Editorial Notes REFERENCES IN TEXT Section 106(5) of Public Law 106–229, referred to in par. (5), is classified to section 7006(5) of Title 15, Com- merce and Trade. AMENDMENTS 2000—Pars. (4), (5). Pub. L. 106–346 added pars. (4) and (5). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 3 years after Sept. 13, 1994, with provisions relating to release of per- sonal information before the effective date and compli- ance after such date, see section 300003 of Pub. L. 103–322, set out as a note under section 2721 of this title. PART II—CRIMINAL PROCEDURE Chap. Sec. 201. General provisions .............................. 3001 203. Arrest and commitment .................... 3041 204. Rewards for information con- cerning terrorist acts and espio- nage ..................................................... 3071 205. Searches and seizures ........................ 3101 206. Pen Registers and Trap and Trace Devices 1 ............................................. 3121 207. Release and detention pending ju- dicial proceedings ........................... 3141