§11910. Unlawful disclosure of information

(a)(1) A common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, or an officer, agent, or employee of that carrier, or another person authorized to receive information from that carrier, that knowingly discloses to another person, except the shipper or consignee, or a person who solicits or knowingly receives (A) information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under this subtitle without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, shall be fined not more than $1,000.

(2) A motor carrier or broker providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title or an officer, receiver, trustee, lessee, or employee of that carrier or broker, or another person authorized by that carrier or broker to receive information from that carrier or broker may not knowingly disclose to another person, except the shipper or consignee, and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier or broker for transportation provided under this subtitle without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.

(3) A common carrier providing transportation subject to the jurisdiction of the Commission under subchapter III of chapter 105 of this title, or an officer, receiver, trustee, lessee, agent, or employee of that carrier, or another person authorized by that carrier or person to receive information from that carrier, that knowingly and willfully discloses to another person, except the shipper or consignee, or a person that solicits or knowingly and willfully receives (A) information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier for transportation provided under that subchapter without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee, shall be fined not more than $2,000. Trial in a criminal action under this paragraph is in the judicial district in which any part of the violation is committed.

(4) A household goods freight forwarder providing service subject to the jurisdiction of the Commission under subchapter IV of chapter 105 of this title, or an officer, agent, or employee of that household goods freight forwarder, or another person authorized by that household goods freight forwarder, or person to receive information, who knowingly and willfully discloses to another person, except the shipper or consignee, or a person that solicits or knowingly and willfully receives (A) information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that forwarder for service provided under that subchapter without the consent of the shipper or consignee, and (B) that information may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor the business transactions of the shipper or consignee, shall be fined not more than $100 for the first violation and not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

(b) This subtitle does not prevent a carrier or broker providing transportation subject to the jurisdiction of the Commission under chapter 105 of this title from giving information-

(1) in response to legal process issued under authority of a court of the United States or a State;

(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; or

(3) to another carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.

(c) An employee of the Commission delegated to make an inspection or examination under section 11144 of this title who knowingly discloses information acquired during that inspection or examination, except as directed by the Commission, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

(d) A person that knowingly discloses confidential data made available to such person under section 11165 of this title by a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title shall be fined not more than $50,000.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1461 ; Pub. L. 96–448, title III, §303(b), Oct. 14, 1980, 94 Stat. 1938 ; Pub. L. 99–521, §13(d), Oct. 22, 1986, 100 Stat. 2999 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11910(a)(1)	49:15(13) (less proviso), (14).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §15(13), (14); added June 18, 1910, ch. 309, §12, 36 Stat. 553 ; Feb. 28, 1920, ch. 91, §421, 41 Stat. 488 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; Feb. 5, 1976, Pub. L. 94–210, §202(c), 90 Stat. 35 .
11910(a)(2)	49:322(e).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §222(e), (f); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 565 .
11910(a)(3)	49:917(f) (1st and 2d sentences).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §317 (less (a)–(d)); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 948 .
11910(a)(4)	49:1021(f) (1st and 2d sentences).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §421(f); added May 16, 1942, ch. 318, §1, 56 Stat. 299 .
11910(b)	49:15(13) (proviso).
	49:322(f).
	49:917 (less (a)–(e) and (f) (less 1st and 2d sentences)).
	49:1021 (less (a)–(e) and (f) (less 1st and 2d sentences)).
11910(c)	49:20(7)(f).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §20(7)(f); added June 29, 1906, ch. 3591, §7, 34 Stat. 594 ; Feb. 25, 1909, ch. 193, §1, 35 Stat. 648 ; Feb. 28, 1920, ch. 91, §436, 41 Stat. 494 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §13(a), 54 Stat. 918 .
	49:322(d).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §222(d); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 565 ; restated Sept. 18, 1940, ch. 722, §25(c), 54 Stat. 928 .
	49:917(e). 49:1021(e).

In subsection (a), the words "It shall be unlawful for" are omitted as surplus. The word "lawfully" is omitted as surplus. The word "permits" is omitted in view of section 2 of title 18. The words "transportation provided under this subtitle" are substituted for "interstate transportation" for consistency. The word "detriment" is substituted for "detriment or prejudice" as being more inclusive. The words "which may be so used" are omitted as unnecessary. The words before "penalty" in 49:15(14) are omitted as unnecessary in view of title 18. The word "fined" is substituted for "penalty" for consistency.

In subsection (a)(2), the words "may not" are substituted for "It shall be unlawful for" for clarity. The words "providing transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title" are substituted for "engaged in interstate or foreign commerce" in view of the restatement. The word "agent" is omitted to eliminate redundancy.

In subsection (a)(3) and (4), the words "may be" are substituted for "may be or is" in 49:917(f) and 1021(f) as being more inclusive. The words "may disclose" are substituted for "may or does . . . disclose" in 49:917(f) and 1021(f) as being inclusive. The words "be guilty of a misdemeanor and upon conviction thereof in any court of the United States of competent jurisdiction . . . be subject to" are omitted as unnecessary in view of title 18.

In subsection (a)(3), the words "Trial in a criminal action" are inserted for clarity.

In subsection (b), the words "This subtitle does not prevent" are substituted for "Provided, That nothing in this chapter shall be construed to prevent" in 49:15(13) and similar provisions in the other source provisions for clarity. The words "in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected of crime" are omitted as unnecessary. The word "employee" is added in subsection (b)(2) for consistency.

In subsection (c), the words "employee of the Commission delegated to make an inspection or examination under section 11144 of this title" are substituted for "Any special agent, accountant, or examiner" for clarity and to be consistent with section 11144 of the revised title and subchapter I of chapter 103 of the revised title. The word "discloses" is substituted for "divulges" for clarity. The word "information" is substituted for "any fact or information" as being more inclusive.

Amendments

1986-Subsec. (a)(4). Pub. L. 99–521 inserted "household goods" before "freight forwarder" wherever appearing.

1980-Subsec. (d). Pub. L. 96–448 added subsec. (d).

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96–448, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 333, 11711 of this title.