(a) Prohibition. (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.
(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:
(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;
(ii) Has not actually been disseminated to the general public and
is not authorized to be made available to the public upon request.
(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.
(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.
