42 USC 1306c - Restriction on access to the Death Master File

U.S Code last checked for updates: May 02, 2024

§ 1306c.

Restriction on access to the Death Master File

(a)

In general

(b)

Certification program

(1)

In general

The Secretary of Commerce shall establish a program—

(A)

to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File, and

(B)

to perform periodic and unscheduled audits of certified persons to determine the compliance by such certified persons with the requirements of the program.

(2)

Certification

A person shall not be certified under the program established under paragraph (1) unless such person certifies that access to the information described in subsection (a) is appropriate because such person—

(A)

has—

(i)

a legitimate fraud prevention interest, or

(ii)

a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, and

(B)

has systems, facilities, and procedures in place to safeguard such information, and experience in maintaining the confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and

(C)

agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to such person.

(3)

Fees

(A)

In general

(B)

Report

(c)

Imposition of penalty

(1)

In general

Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)—

(A)

discloses such information to any person other than a person who meets the requirements of subparagraphs (A), (B), and (C) of subsection (b)(2),

(B)

discloses such information to any person who uses the information for any purpose not listed under subsection (b)(2)(A) or who further discloses the information to a person who does not meet such requirements, or

(C)

uses any such information for any purpose not listed under subsection (b)(2)(A),

and any person to whom such information is disclosed who further discloses or uses such information as described in the preceding subparagraphs, shall pay a penalty of $1,000 for each such disclosure or use.

(2)

Limitation on penalty

(A)

In general

(B)

Exception for willful violations

(d)

Death Master File

(e)

Exemption from Freedom of Information Act requirement with respect to certain records of deceased individuals

(1)

In general

(2)

Treatment of information

(f)

Effective date

(1)

In general

(2)

FOIA exemption

(Pub. L. 113–67, div. A, title II, § 203, Dec. 26, 2013, 127 Stat. 1177.)

cite as: 42 USC 1306c