Unauthorized Disclosure of Information; Civil Damages

(a) A disclosure made in good faith pursuant to § 34109 shall not give rise to any action for damages for the disclosure; except that with regard to financial records from financial institutions, such information may be disclosed only for the purpose of establishing, modifying or enforcing a child support obligation. Financial record as used in §§ 34109 and 34110 shall have the same meaning as defined in § 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401), as may be amended. (b) The individual whose financial records were disclosed may bring a civil action in the District Court of Guam pursuant to 42 U.S.C. §669a. Any public officer or employee who knowingly or negligently discloses a financial record for purposes other than as authorized is liable for (1) the costs and attorneys fees of the action, and (2) damages in an amount equal to the greater of (A) the sum of One Thousand Dollars ($1,000.00) for each act of unauthorized disclosure, or (B) the sum of the actual damages sustained by reason of the unauthorized disclosure plus punitive damages if the disclosure is willful or is a result of gross negligence; except that no liability shall be found where there is a good faith disclosure of a financial record, but erroneous interpretation of Subsection (a) of this § 34110 with regard to financial records. (c) The provisions of § 34110 are in addition to any other remedies available. SOURCE: GC § 9120.58 enacted by P.L. 16-010 (May 22, 1987), as repealed and reenacted by P.L. 18-017:8 (Oct. 5, 1985); Repealed and reenacted by P.L. 20-170:6 (May 15, 1990). Repealed and reenacted by P.L. 26-148:6 (Sept. 27, 2002). COMMENT: to P.L. 26-148 action SSA § 469A provides for a federal remedy against unauthorized disclosure by financial institutions in federal courts. This former section is now fully covered by § 34109, above, and it has been repealed and this new matter inserted. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters in subsection (b)(2) were altered to adhere to the Compiler’s alpha-numeric scheme.