2017 US Code
Title 34 - Crime Control and Law Enforcement
Subtitle IV - Criminal Records and Information
Chapter 407 - DNA Identification
Subchapter I - Collection and Analysis of Samples
Sec. 40706 - Privacy protection standards

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Citation 34 U.S.C. § 40706 (2017)
Section Name §40706. Privacy protection standards
Section Text (a) In general

Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under, section 40701, 40702, or 40703 of this title may be used only for a purpose specified in such section.

(b) Permissive uses

A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of section 12592(b)(3) of this title.

(c) Criminal penalty

A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.

Source Credit

(Pub. L. 106–546, §10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, §203(e)(2), title III, §309, Oct. 30, 2004, 118 Stat. 2271, 2275.)

Editorial Notes CODIFICATION

Section was formerly classified to section 14135e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

AMENDMENTS

2004—Subsec. (c). Pub. L. 108–405, §309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "A person who knowingly—

"(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or

"(2) obtains, without authorization, a sample or result described in subsection (a) of this section,

shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both."

Pub. L. 108–405, §203(e)(2), substituted "$250,000, or imprisoned for a period of not more than one year, or both" for "$100,000" in concluding provisions.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 34 - CRIME CONTROL AND LAW ENFORCEMENT
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 34 - CRIME CONTROL AND LAW ENFORCEMENT
Subtitle IV - Criminal Records and Information
CHAPTER 407 - DNA IDENTIFICATION
SUBCHAPTER I - COLLECTION AND ANALYSIS OF SAMPLES
Sec. 40706 - Privacy protection standards
Contains section 40706
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 114 Stat. 2735
118 Stat. 2271
Public Law References Public Law 106-546, Public Law 108-405
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