---
kind: "section"
citation: "34 U.S.C. § 40706"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40706"
heading: "Privacy protection standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40706"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 407 — Dna Identification"
  - "Subchapter I — Collection and Analysis of Samples"
---

# §40706. Privacy protection standards

- (a) **In general—** Except as provided in [subsection (b)](#b), any sample collected under, or any result of any analysis carried out under, section [40701](/usc/34/40701.md), [40702](/usc/34/40702.md), or [40703](/usc/34/40703.md) of this title may be used only for a purpose specified in such section.
- (b) **Permissive uses—** A sample or result described in [subsection (a)](#a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of [section 12592(b)(3) of this title](/usc/34/12592.md?p=b-3).
- (c) **Criminal penalty—** A person who knowingly discloses a sample or result described in [subsection (a)](#a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.

## Source credit

(Pub. L. 106–546, § 10, Dec. 19, 2000, 114 Stat. 2735; Pub. L. 108–405, title II, § 203(e)(2), title III, § 309, Oct. 30, 2004, 118 Stat. 2271, 2275.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 14135e of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2004—Subsec. (c). Pub. L. 108–405, § 309, reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “A person who knowingly—

“(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or

“(2) obtains, without authorization, a sample or result described in subsection (a) of this section,

shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both.”

Pub. L. 108–405, § 203(e)(2), substituted “$250,000, or imprisoned for a period of not more than one year, or both” for “$100,000” in concluding provisions.