[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR268.2]



[Page 134-135]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 268_PRIVACY OF INFORMATION_EMPLOYEE RULES OF CONDUCT--Table of 

Contents

 

Sec.  268.2  Consequences of non-compliance.



    (a) The Privacy Act authorizes any individual, whether or not an 

employee, to bring a civil action in U.S. District Court to obtain 

judicial review of the failure of the Postal Service to comply with the 

requirements of the Act or its implementing regulations. In certain 

instances of willful or intentional non-compliance, the plaintiff may 

recover damages from the Postal Service in the minimum amount of $1,000 

together with costs of the action and attorney fees.

    (b) The Act provides criminal sanctions for individuals, including 

employees, who violate certain of its provisions.

    (1) Any officer or employee who, by virtue of his employment or 

position, has possession of, or access to, official records which 

contain individually identifiable information and who, knowing that 

disclosure of the specific material is prohibited by Postal Service 

regulations, willfully discloses the material to a person or agency not 

entitled to receive it, shall be guilty of a misdemeanor and fined not 

more than $5,000.

    (2) Any officer or employee who willfully maintains a system of 

records



[[Page 135]]



without meeting the notice requirements set forth in Postal Service 

regulations shall be guilty of a misdemeanor and fined not more than 

$5,000.

    (3) Any person who knowingly and willfully requests or obtains any 

record concerning another individual from the Postal Service under false 

pretense shall be guilty of a misdemeanor and fined not more than 

$5,000.

    (c) In addition to the criminal sanctions, any employee violating 

any provisions of these rules of conduct is subject to disciplinary 

action which may result in dismissal from the Postal Service.



[40 FR 45726, Oct. 2, 1975]