PRIA, Government Policy, Made Personal

Summary

It is illegal for a railroad company, its officers, agents, employees, or anyone given a railroad’s shipping information to knowingly share that shipping information with others without the permission of the shipper or receiver. It is also illegal for anyone who asks for or accepts that information to do so without permission. The rule covers details like what is being shipped, how much, where it’s going, who will get it, the route, or what a shipping contract says, especially if the information could hurt the shipper or give a competitor an advantage. Violators can be fined up to $1,000. Railroads may still share the info if a court orders it, if it’s given to a federal, state, or territorial official, or if it’s shared with another railroad to settle routine billing. A Board employee who inspects and then knowingly reveals what they learned, except as the Board or a court allows, can be fined up to $500, jailed up to 6 months, or both. Anyone who knowingly reveals confidential data provided under section 11163 by a railroad 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,

information described in subsection (b) without the consent of the shipper or consignee shall be fined not more than $1,000.

(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