[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR215.12]

[Page 872]
 
                       TITLE 22--FOREIGN RELATIONS
 
            CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT
 
PART 215--REGULATIONS FOR IMPLEMENTATION OF PRIVACY ACT OF 1974--Table of Contents
 
Sec. 215.12  Penalties and remedies.

    The provisions of the Act relating to penalties and remedies are 
summarized below:
    (a) An individual may bring a civil action against the Agency when 
the Agency:
    (1) Makes a determination not to amend a record in accordance with 
the individual's request;
    (2) Refuses to comply with an individual's request pursuant to 5 
U.S.C. 552a (d)(1);
    (3) Fails to maintain a record concerning an individual with such 
accuracy, relevance, timeliness and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights, or opportunities of, or benefits to the individual 
that may be made on the basis of such record, and as a result thereof a 
determination is made which is adverse to the individual; or
    (4) Fails to comply with any other provision of section (d) of the 
Act in such a way as to have an adverse effect on an individual.
    (b) The court may order the correction or amendment of the records, 
may enjoin the Agency from withholding the records, may order the Agency 
to produce any records improperly withheld, and may assess attorney's 
fees and costs.
    (c) Where a court of competent jurisdiction makes a determination 
that the Agency action was willful or intentional with respect to 5 
U.S.C. 552a (g)(1) (c) or (d), the United States shall be liable for 
actual damages of no less than $1,000, the costs of the action, and 
attorneys' fees.
    (d) Criminal penalties may be imposed against an officer or employee 
of the Agency who willfully discloses material which he or she knows is 
prohibited from disclosure, or who maintains a system of records without 
complying with the notice requirements.
    (e) Criminal penalties may be imposed against any person who 
knowingly and willfully requests or obtains any record concerning an 
individual from an agency under false pretenses. The offenses enumerated 
in paragraphs (d) and (e) of this section are misdemeanors, with fines 
not to exceed $5,000.