§11904 — Title 49 Transportation | U.S. Code

Summary

Makes it illegal for a rail carrier, its officers, agents, employees, or anyone who asks for or gets shipping information from them to knowingly share that information with anyone other than the shipper or consignee. The rule covers details like what is being shipped, how much, where it’s going, who will receive it, how it’s routed, and parts of contracts under section 10709 if sharing would hurt the shipper or reveal their business to a competitor. Exceptions allow disclosure when a court orders it, to government officials, or to another carrier to settle accounts. A Board employee doing an inspection under section 11144 who knowingly shares inspection information (unless the Board, a court, or a judge allows it) can be fined up to $500, jailed up to 6 months, or both. A person who knowingly discloses confidential data given under section 11163 can be fined up to $50,000.

Title 49, §11904

Transportation — Source: USLM XML via OLRC

(a)A—

(1)rail carrier providing transportation subject to the jurisdiction of the Board under this part, or an officer, agent, or employee of that rail carrier, or another person authorized to receive information from that rail carrier, that knowingly discloses to another person, except the shipper or consignee; or

(2)person who solicits or knowingly receives,

(b)The information referred to in subsection (a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that rail carrier for transportation provided under this part, or information about the contents of a contract authorized under section 10709 of this title, that 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.

(c)This part does not prevent a rail carrier providing transportation subject to the jurisdiction of the Board under this part 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 rail carrier or its agent to adjust mutual traffic accounts in the ordinary course of business.

(d)An employee of the Board 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 Board, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.

(e)A person that knowingly discloses confidential data made available to such person under section 11163 of this title by a rail carrier providing transportation subject to the jurisdiction of the Board under this part shall be fined not more than $50,000.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 105–102This amends 49:11904(a)(2) to correct a grammatical error.

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, § 13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 14904 of this title.

Amendments

1997—Subsec. (a)(2). Pub. L. 105–102 struck out “a” before “person”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.

§11904 Unlawful disclosure of information