PRIA, Government Policy, Made Personal

Summary

Carriers and brokers regulated under chapter 135, and their workers or people they allow to get information, must not share details about the kind, amount, destination, receiver, or routing of goods they handle without the shipper’s or consignee’s permission. No one may ask for or take that information if it could harm the shipper or consignee or give a competitor an unfair look at their business. A person who breaks this can be fined up to $2,000 payable to the United States. This rule does not stop disclosure when a U.S. or State court orders it, when given to U.S., State, or territorial government officials or agents, or when shared with another carrier or its agent to sort out mutual traffic accounts in the normal course of business.

Title 49, §14908

Transportation, Source: USLM XML via OLRC

(a)Disclosure of Shipment and Routing Information.—

(1)Violations.—

A carrier or broker providing transportation subject to jurisdiction under subchapter I, II, or III of chapter 135 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 disclose to another person, except the shipper or consignee, and a person may not solicit, or 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 part 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.

(2)Penalty.—

A person violating paragraph (1) of this subsection is liable to the United States for a civil penalty of not more than $2,000.

(b)Limitation on Statutory Construction.—

This part does not prevent a carrier or broker providing transportation subject to jurisdiction under chapter 135 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.

Notes & Related Subsidiaries

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).

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.

§14908 Unlawful Disclosure of Information