(ML 2821 Rev. 11-02)
(Manual Renumbered effective 04/01/2004 ML2914)
There are several statutes establishing penalties for the unauthorized disclosure of confidential information. Different penalties apply depending on the nature of the information or record, which is disclosed.
For example, N.D.C.C. § 50-06-15 provides that unauthorized disclosure of confidential information derived from Department records regarding individuals applying for or receiving assistance or services from the Department is a class A misdemeanor, which is punishable by a maximum of one year imprisonment, a fine of $2,000, or both. It applies to any individual, making all employees of the Department, and even non-employees, subject to the penalty.
An employee of the Department who knowingly discloses confidential information from records other than those specifically enumerated in N.D.C.C. § 50-06-15 may violate N.D.C.C. § 12.1-13-01 which is punishable as a class C felony. A class C felony carries a maximum of five years’ imprisonment, a fine of $5,000, or both.
Any person who violates the federal law regarding confidentiality of substance abuse treatment records may be fined not more than $500 for the first offense and not more than $5,000 in the case of each subsequent offense. 42 U.S.C. §§ 290ee-3(f) and 290dd-3(f), 42 C.F.R. § 2.4.