# 40 CFR § 2.211: Safeguarding of business information; penalty for wrongful disclosure

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-2.211

## Section

- **Citation:** 40 CFR § 2.211
- **Heading:** Safeguarding of business information; penalty for wrongful disclosure
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER A—GENERAL > PART 2—PUBLIC INFORMATION > Subpart B—Confidentiality of Business Information

## Text

(a) No EPA officer or employee may disclose, or use for his or her private gain or advantage, any business information which came into his or her possession, or to which he or she gained access, by virtue of his or her official position or employment, except as authorized by this subpart.
(b) Each EPA officer or employee who has custody or possession of business information shall take appropriate measures to properly safeguard such information and to protect against its improper disclosure.
(c) Violation of paragraph (a) or (b) of this section shall constitute grounds for dismissal, suspension, fine, or other adverse personnel action. Willful violation of paragraph (a) of this section may result in criminal prosecution under 18 U.S.C. 1905 or other applicable statute.
(d) Each contractor or subcontractor with the United States Government, and each employee of such contractor or subcontractor, who is furnished business information by EPA under § 2.301(h), § 2.302(h), § 2.304(h), § 2.305(h), § 2.306(j), § 2.307(h), § 2.308(i), or § 2.310(h) shall use or disclose that information only as permitted by the contract or subcontract under which the information was furnished. Contractors or subcontractors shall take steps to properly safeguard business information including following any security procedures for handling and safeguarding business information which are contained in any manuals, procedures, regulations, or guidelines provided by EPA. Any violation of this paragraph shall constitute grounds for suspension or debarment of the contractor or subcontractor in question. A willful violation of this paragraph may result in criminal prosecution.
[41 FR 36902, Sept. 1, 1976, as amended at 50 FR 51662, Dec. 18, 1985; 58 FR 461, Jan. 5, 1993]

## Nearby sections

- [40 CFR § 2.100 § 2.100 General provisions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.100.md)
- [40 CFR § 2.101 § 2.101 Where to file requests for records.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.101.md)
- [40 CFR § 2.102 § 2.102 Procedures for making requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.102.md)
- [40 CFR § 2.103 § 2.103 Responsibility for responding to requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.103.md)
- [40 CFR § 2.104 § 2.104 Responses to requests.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.104.md)
- [40 CFR § 2.106 § 2.106 Preservation of records.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.106.md)
- [40 CFR § 2.107 § 2.107 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.107.md)
- [40 CFR § 2.108 § 2.108 Administrative appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.108.md)
- [40 CFR § 2.109 § 2.109 Other rights and services.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.109.md)
- [40 CFR § 2.201 § 2.201 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.201.md)
- [40 CFR § 2.202 § 2.202 Applicability of subpart; priority where provisions conflict; records containing more than one kind of information.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.202.md)
- [40 CFR § 2.203 § 2.203 Notice to be included in EPA requests, demands, and forms; method of asserting business confidentiality claim; effect of failure to assert claim at time of submission.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.203.md)
- [40 CFR § 2.204 § 2.204 Initial action by EPA office.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.204.md)
- [40 CFR § 2.205 § 2.205 Final confidentiality determination by EPA legal office.](https://www.frixlaw.com/law-library/statutes/ecfr-40-2.205.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-2.211. Check the current official text before relying on it. Not legal advice.