45 CFR 2508.18 – What are the penalties for obtaining a record under false pretenses?
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The Privacy Act provides, in pertinent part that:
Terms Used In 45 CFR 2508.18
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Any person who knowingly and willfully requests to obtain any record concerning an individual from the Corporation under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000 (5 U.S.C. § 552a(I)(3)).
(b) A person who falsely or fraudulently attempts to obtain records under the Privacy Act also may be subject to prosecution under such other criminal statutes as 18 U.S.C. § 494, 495 and 1001.