Section 325 - Limitation on disclosure of certain records

34 PA Cons Stat § 325 (2019) (N/A)
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(a) General rule.--It is unlawful for any game protector, deputy game protector, hunting license issuing agent, or any officer, employee or agent of any Commonwealth agency, or any other private business or agency which makes or receives records of hunting and trapping licenses, or applications for obtaining hunting and trapping licenses of any type received pursuant to this title, to sell, publish or disclose in any manner whatsoever those records or affiliations to any person except as necessary to carry out the functions and business of the commission, or for any person to purchase, secure, procure or disclose any records or affiliations as described herein.

(b) Publications.--It is unlawful for the commission, the director, any game protector or deputy game protector, any officer, employee or agent of the commission or any private business or agency to sell, publish or disclose in any manner any subscription lists or mailing lists for publications issued under section 302(e) (relating to publications).

(c) Nonapplication.--The provisions of this section shall not apply to records and reports:

(1) Required for prosecutions of any violations of this title.

(2) Required for administrative proceedings held pursuant to the laws of this Commonwealth.

(3) Required for the prosecution of any violation of any Federal laws or the laws of any state of the United States.

(4) Required to be published to enforce the suspension or revocation of hunting and trapping privileges by the commission.

(5) Authorized by action of the commission for the sole purpose of exercising legitimate governmental function or duty.

(6) Required to determine the identification of a trapper under section 2361(a)(12) (relating to unlawful acts concerning taking of furbearers), when such information is requested by a landowner, an agent of a landowner or a lessee of land.

When such records and reports are made available by the commission for the limited purposes set forth in paragraphs (1) through (6), they shall not be published, circulated or disclosed by the receiving agency for any purposes.

(d) Penalty.--Any person violating any provision of this section commits a summary offense of the fifth degree. The record or report or name of each individual person shall constitute a separate offense.

(May 28, 1992, P.L.262, No.45, eff. July 1, 1992)

2006 Partial Repeal. Section 3 of Act 60 of 2006 provided that subsection (d) is repealed insofar as it is inconsistent with section 1(g) of Act 60.

1992 Amendment. Act 45 amended subsec. (c).

Cross References. Section 325 is referred to in sections 302, 2361 of this title.