§ 915.25. Unauthorized use of or access to Council data.
(a) If a person inadvertently or by Council error gains access to data that violates the safeguards in section 10 of the act (35 P. S. § 449.10), the data shall be returned, without duplication, to the Council with proper notice. If the data have been duplicated, duplications shall also be returned to the Council.
(b) A person who knowingly releases Council data violating the patient confidentiality, actual payments, discount data or raw data safeguards in section 10 of the act to an unauthorized person commits a misdemeanor of the first degree and shall, upon conviction, be sentenced to pay a fine of $10,000 or to imprisonment of not more than 5 years, or both. An unauthorized person who knowingly receives or possesses the data commits a misdemeanor of the first degree.
(c) Sale by a recipient or exchange or publication by a recipient, other than a purchaser, of raw Council data to other parties without the express written consent of, and under terms approved by, the Council shall be unauthorized use of Council data. Unauthorized use of Council data constitutes a misdemeanor of the first degree and, upon conviction, that person shall be sentenced to pay a fine of $10,000 or to imprisonment for not more than 5 years, or both. This restriction does not apply to data published by the Council in reports.
Cross References This section cited in 28 Pa. Code § 915.2 (relating to principles governing data access).
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