O.C.G.A.
O.C.G.A.

O.C.G.A. § 35-3-38 (2019)

Unauthorized requests or disclosures of criminal history record information; disclosure of techniques used to ensure security or privacy of criminal history records

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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. (b) 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. (c) 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. (d) 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.

History

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

Annotations

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, §§ 1,54. 37 Am. Jur. 2d, Fraud and Deceit, §§ 59, 62.

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

Notes of Decisions
Cited in 5 cases, 1984–2001 · leading case: Conner v. Tate, 130 F. Supp. 2d 1370 (N.D. Ga. 2001).
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Conner v. Tate, 130 F. Supp. 2d 1370 (N.D. Ga. 2001). · cites it 2× “There is no applicable provision in Georgia tort law which authorizes a private cause of action for the breach by a public official of his oath of office. The Court should exercise extreme caution in creating new *1381 causes of action.”
Sparks v. Thurmond, 319 S.E.2d 46 (Ga. Ct. App. 1984). · cites it 4× “In the absence of any evidence that she harbored any actual doubts about the truthfulness of the information, we accordingly hold that she, like defendant Brown, has negated the existence of actual malice on her part.”
Troncalli v. Jones, 514 S.E.2d 478 (Ga. Ct. App. 1999). · cites it 2× “138, 142 (5) ( 319 SE2d 46 ) (1984) (plaintiff did not acquire private right of action pursuant to OCGA § 35-3-38, which renders the unauthorized procurement of Georgia Crime Information Center record information punishable).”
Cechman v. Travis, 414 S.E.2d 282 (Ga. Ct. App. 1991). · cites it 2× “The statute requires that notice be given only by those physicians “having reasonable cause to believe that a child has been abused” and it penalizes only those physicians “who knowingly and willfully” fail to do so.”
Lee v. Hutson, 600 F. Supp. 957 (N.D. Ga. 1984). “An investigation by the Georgia Bureau of Investigation and the Internal Affairs Unit of the Sheriff’s Department has documented evidence that you violated Georgia law (§ 35-3-38, O.C.G.A.) concerning the wrongful dissemination of criminal history information.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.