71.14(a) Prohibition.
71.14(a)(1)An employee shall not engage in a
financial transaction using nonpublic information, nor allow the improper use of nonpublic
information to further his own private interest or that of another, whether through advice or
recommendations, or by knowing unauthorized disclosure. See 5 CFR 2635.703.
71.14(a)(2)Nonpublic information is information
that an employee gains by reason of Federal employment that he knows or reasonably should know
has not been made available to the general public. Nonpublic information includes information
contained in a Privacy Act system of records which an individual knew or should have known:
..71.14(a)(2)(i)
71.14(a)(2)(i)Is normally exempt from disclosure
under Exemptions 6 or 7(C) of the Freedom of Information Act, or is otherwise protected from
disclosure by statute, Executive Order or regulation;
71.14(a)(2)(ii)Has not actually been disseminated
to the general public and is not authorized to be made available to the public upon request.
71.14(b)Sanctions. Any DOL employee
who willfully discloses any information or records from any file that contains individually-identifiable
information to any person or agency not entitled to receive it, and the disclosure of which is
prohibited by the Privacy Act or by rules or regulations established thereunder, and who, knowing
the disclosure of the specific material is so prohibited, will be subject to disciplinary action,
as appropriate.
71.14(c)Public Disclosures by Third Parties of DOL
Privacy Act Records. When Labor Department records subject to the Privacy Act are disclosed to third
parties, and as a condition of the disclosure of such records, the person or entity to whom the
records are furnished is expressly prohibited from further disseminating the information, any further
dissemination of the information so furnished to such person or entity may be subject to the penalties
set forth in 18 U.S.C. 641.
[63 FR 56745, Oct. 22, 1998]
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