---
kind: "section"
citation: "49 U.S.C. § 11904"
title: "49"
title_heading: "Transportation"
number: "11904"
heading: "Unlawful disclosure of information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/11904"
units:
  - "Subtitle IV — Interstate Transportation"
  - "Part A — Rail"
  - "Chapter 119 — Civil and Criminal Penalties"
---

# §11904. Unlawful disclosure of information

- (a) A—
  - (1) [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part, or an officer, agent, or employee of that [rail carrier](/usc/49/10102.md?p=5), or another [person](/usc/49/13102.md?p=18) authorized to receive information from that [rail carrier](/usc/49/10102.md?p=5), that knowingly discloses to another [person](/usc/49/13102.md?p=18), except the shipper or consignee; or
  - (2) [person](/usc/49/13102.md?p=18) who solicits or knowingly receives,

  information described in [subsection (b)](#b) without the consent of the shipper or consignee shall be fined not more than $1,000.

- (b) The information referred to in [subsection (a)](#a) is information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that [rail carrier](/usc/49/10102.md?p=5) for [transportation](/usc/49/10102.md?p=9) provided under this part, or information about the contents of a contract authorized under [section 10709 of this title](/usc/49/10709.md), that may be used to the detriment of the shipper or consignee or may disclose improperly, to a competitor, the business transactions of the shipper or consignee.
- (c) This part does not prevent a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part from giving information—
  - (1) in response to legal process issued under authority of a court of the [United States](/usc/49/10102.md?p=10) or a [State](/usc/49/10102.md?p=8);
  - (2) to an officer, employee, or agent of the [United States](/usc/49/10102.md?p=10) Government, a [State](/usc/49/10102.md?p=8), or a territory or possession of the [United States](/usc/49/10102.md?p=10); or
  - (3) to another [rail carrier](/usc/49/10102.md?p=5) or its agent to adjust mutual traffic accounts in the ordinary course of business.
- (d) An employee of the [Board](/usc/49/10102.md?p=1) delegated to make an inspection or examination under [section 11144 of this title](/usc/49/11144.md) who knowingly discloses information acquired during that inspection or examination, except as directed by the [Board](/usc/49/10102.md?p=1), a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both.
- (e) A [person](/usc/49/13102.md?p=18) that knowingly discloses confidential data made available to such [person](/usc/49/13102.md?p=18) under [section 11163 of this title](/usc/49/11163.md) by a [rail carrier](/usc/49/10102.md?p=5) providing [transportation](/usc/49/10102.md?p=9) subject to the jurisdiction of the [Board](/usc/49/10102.md?p=1) under this part shall be fined not more than $50,000.

## Source credit

(Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 851; amended Pub. L. 105–102, § 2(6), Nov. 20, 1997, 111 Stat. 2204.)

## Notes

### Historical and Revision Notes

### Pub. L. 105–102

This amends 49:11904(a)(2) to correct a grammatical error.

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in section 11910 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).

A prior section 11904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1457; Pub. L. 99–521, § 13(a), Oct. 22, 1986, 100 Stat. 2998, related to additional rate and discrimination violations, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 14904 of this title.

### Amendments

1997—Subsec. (a)(2). Pub. L. 105–102 struck out “a” before “person”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.