Is intentional unauthorized disclosure a crime?
Asked by: Amparo Upton | Last update: February 18, 2026Score: 4.6/5 (57 votes)
Yes, intentional unauthorized disclosure of information is a crime, often a felony, under various U.S. federal laws, with penalties depending on the type of information (e.g., tax, classified, personal data) and the discloser's role (e.g., government employee), leading to fines and imprisonment for willful violations of statutes like the Privacy Act, Internal Revenue Code (IRC), Espionage Act, and Bank Secrecy Act.
What is considered unauthorized disclosure?
UD is the communication or physical transfer of CNSI or CUI to an unauthorized recipient. An unauthorized recipient is anyone who does not meet the criteria to access the information, whether that is access requirements for CNSI or the required lawful, government purpose to access CUI.
Is intent to deceive a crime?
Elements of the Offense
Intent to Deceive: The prosecution must demonstrate that the defendant intentionally deceived the victim to obtain their property. Fraudulent Conduct: The defendant's actions must involve fraudulent or deceitful behavior, such as making false statements or promises.
What is intentional unauthorized disclosure of classified information?
Unauthorized Disclosure Law Explained
A person is in violation of the law if their actions are knowing and willful and involve any of the following acts disclosing classified information: Communicate, furnish, transmit, or otherwise make it available to an unauthorized person.
Is it illegal to disclose someone's personal information?
Sharing someone else's personal information is called the public disclosure of private facts. This act may be more serious than simply spreading gossip. It is be a civil wrongdoing (tort) under the law. The publicizing of private details without consent could cause significant harm.
Unauthorised disclosure of information ‘a crime for a very good reason’
Can you sue someone for disclosing personal information in Canada?
Courts in Alberta and Canada have recognized and applied this tort, acknowledging the importance of protecting individuals from unwarranted invasions of privacy. Remedies under this tort can include injunctions to stop further disclosure and monetary damages to compensate for any harm caused.
What is the penalty for disclosing confidential information?
Any person who willfully discloses any such information as is referred to in section 21 in contravention of the provisions of that section shall, on complaint made by or on behalf of the trade union or individual business affected, be punishable with imprisonment for a term which may extend to six months, or with fine ...
What is the penalty for unauthorized disclosure of classified information?
18 U.S.C. 798 protects national security by criminalizing unauthorized disclosure of government information. Shall be fined under this title or imprisoned not more than ten years, or both."
Which example is considered an unauthorized disclosure?
Such an unauthorized disclosure can happen inadvertently, as occurs when information about an individual is unintentionally revealed through, for example, a security breach of the electronic system that is used to maintain and access the education records, or when a teacher or administrator accidentally leaves paper ...
What are the 4 categories of classified matters?
The four main types of classified matters in the U.S. national security system are Top Secret, Secret, Confidential, and a fourth, often Restricted Data (RD) or other special categories, representing increasing levels of potential damage to national security from unauthorized disclosure, with Top Secret causing exceptionally grave damage, Secret serious damage, and Confidential damage, while Restricted Data (RD) deals specifically with nuclear information, notes the U.S. Department of Energy and Wikipedia https://en.wikipedia.org/wiki/Classified_information.
What are the 4 types of criminal intent?
This intent is established by the prosecution in order to prove the guilt of an offender in a criminal trial. There are four types of mens rea: acting purposely, acting knowingly, acting recklessly, and acting negligently.
What is proof of malicious intent?
Proving Malicious Intent in a Case
To succeed in a malicious prosecution case, litigators must establish the following: Lack of probable cause: An action taken was without probable cause. Malice aforethought: The major motive was to harm the defendant rather than to see justice served.
What are the three types of frauds?
Three common categories of fraud, especially in corporate settings, are asset misappropriation, bribery and corruption, and financial statement fraud, but other classifications include types like identity theft, first-party fraud, and investment fraud, depending on the focus (e.g., perpetrator, victim, or method).
What cannot be disclosed without consent?
The general rule under the Privacy Act is that an agency cannot disclose a record contained in a system of records unless the individual to whom the record pertains gives prior written consent to the disclosure.
What are the four types of disclosure?
There are three types of disclosure.
- Authorized disclosure.
- Willful unauthorized disclosure.
- Inadvertent unauthorized disclosure.
What is the penalty for unauthorized disclosure under Title 13?
Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution."
What is an illegal disclosure?
Unauthorized Disclosure is broadly defined as the communication, confirmation, acknowledgement, or physical transfer of classified information or controlled unclassified information (CUI) including the facilitation of or actual giving, passing, selling, publishing, or in any way making such information available to an ...
What are two ways an unauthorized disclosure can occur?
Types of Disclosure Risks
Unauthorized disclosure may occur during data collection and storage (through lost or stolen computers, USB drives, computer hacking) or through dissemination of public and/or restricted access data.
What is an example of improper disclosure?
What are some examples of improper disclosures? Examples include sharing personal health information without consent, revealing trade secrets to unauthorized individuals, or accidentally sending confidential emails to the wrong recipient.
What is the name for the intentional unauthorized disclosure of classified?
Leaks: The intentional, unauthorized disclosure of classified or sensitive information to a person or an organization that does not have a “need to know.”
Is releasing personal information illegal?
Sharing someone's personal information isn't always illegal, but it can become unlawful if it involves "doxing" (revealing private info to cause harm), sharing intimate images without consent, violating specific laws like HIPAA or FERPA (for health/student data), or results in defamation, harassment, or fraud, with penalties depending on the specific harm and jurisdiction. It's a complex area where public vs. private facts, intent, and context (like employment or health) matter significantly.
What are the consequences of disclosing confidential information?
Loss of trust and damage to reputation. Negative financial impacts and loss of clients. Risk of civil lawsuits and criminal charges. Regulatory fines and penalties under data protection laws.
Can you go to jail for breaking confidentiality?
In the intricate web of US federal law, unauthorized information disclosure is a serious offense, carrying significant penalties and sanctions. These consequences can range from hefty fines to imprisonment, reflecting the gravity of breaching confidentiality.
How serious is a breach of confidentiality?
A breach of confidentiality can have legal, financial and reputational consequences: Legal risks include prosecution under data protection laws, plus claims for damages from clients. Financial threats include any costs linked to court appearances, compensation payments and the loss of clients.
Can you be sued for breaking confidentiality?
A breach of a confidentiality agreement can result in serious consequences for all parties involved. From lawsuits to criminal charges, the results can put a strain on your personal and professional life.