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2018 Georgia Code 35-3-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 35-3-38 Case Law from Google Scholar Amendments to OCGA 35-3-38

TITLE 35 LAW ENFORCEMENT OFFICERS AND AGENCIES

Section 3. Georgia Bureau of Investigation, 35-3-1 through 35-3-204.

ARTICLE 2 GEORGIA CRIME INFORMATION CENTER

35-3-38. Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records.

  1. Any person who knowingly requests, obtains, or attempts to obtain criminal history record information under false pretenses, or who knowingly communicates or attempts to communicate criminal history record information to any agency or person except in accordance with this article, or any member, officer, employee or agent of the center, the council, or any participating agency who knowingly falsifies criminal history record information or any records relating thereto shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned for not more than two years, or both.
  2. Any person who communicates or attempts to communicate criminal history record information in a negligent manner not in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.
  3. Any person who knowingly discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems except in accordance with this article shall for each such offense, upon conviction thereof, be fined not more than $5,000.00, or imprisoned not more than two years, or both.
  4. Any person who discloses or attempts to disclose the techniques or methods employed to ensure the security and privacy of information or data contained in criminal justice information systems in a manner not permitted by this article shall for each such offense, upon conviction thereof, be fined not more than $100.00, or imprisoned not more than ten days, or both.

(Ga. L. 1973, p. 1301, § 7; Ga. L. 1976, p. 617, § 8; Ga. L. 1982, p. 3, § 35.)

JUDICIAL DECISIONS

No private cause of action.

- Individual's violation of O.C.G.A. § 35-3-38 did not, in and of itself, give rise to a private cause of action against the individual for damages. Sparks v. Thurmond, 171 Ga. App. 138, 319 S.E.2d 46 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 32 Am. Jur. 2d, False Pretenses, §§ 1, 55 56. 37 Am. Jur. 2d, Fraud and Deceit, §§ 56, 59.

C.J.S.

- 35 C.J.S., False Pretenses, §§ 7, 8, 19. 37 C.J.S., Fraud, § 1 et seq.

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