Prohibition on nonpublic information use

An employee may not use nonpublic information for personal gain or help someone else do so, including trading, giving investment advice, or knowingly disclosing it without authorization. See 71.14(a) and the related ethics rule at 2635.703.

• This prohibition covers acting on the information yourself and allowing others to use it (by advising, recommending, or disclosing).
• The rule applies when you “know” or “reasonably should know” the information has not been made available to the public.

Nonpublic information is information you gain because of Federal employment that you know or reasonably should know has not been made available to the general public. See 71.14(a)(2).

• This includes records in a Privacy Act system of records when the employee knew or should have known the records were protected from public release.
• If you are unsure whether something has been made public, treat it as nonpublic until you verify.

Information normally exempt under FOIA Exemptions 6 or 7(C), or otherwise protected by statute, Executive Order, or regulation, is treated as nonpublic. See 71.14(a)(2)(i).

• Exemption 6 covers personnel and medical files where disclosure would invade personal privacy; Exemption 7(C) covers law enforcement records that could constitute an unwarranted invasion of personal privacy.
• If the information falls into these categories, you should assume it is nonpublic and avoid using it for personal benefit.

It means the information has not been officially released or made available to the public on request; if it hasn’t been authorized for public release, it’s nonpublic. See 71.14(a)(2)(ii).

• Temporary or internal circulation does not count as public dissemination.
• Even if some people outside DOL have seen it informally, the information remains nonpublic until properly released.

No — you may not give investment advice based on nonpublic information you gained through Federal employment. See 71.14(a) and 2635.703.

• Advising others about transactions that are likely to benefit from your access to nonpublic data is specifically prohibited.
• This applies whether you charge for advice or give it free if it helps someone else profit from the information.

No — trading based on nonpublic information obtained through your Federal employment is prohibited. See 71.14(a) and 2635.703.

• This includes direct trades and giving tips that enable others to trade.
• If information is later made public through authorized channels, trading on it after public release is no longer covered by this prohibition.

Willfully disclosing Privacy Act-protected records to someone not entitled to receive them can result in disciplinary action appropriate to the offense. See 71.14(b).

• The regulation attaches discipline when disclosure is intentional and you know the disclosure is prohibited.
• Disciplinary measures may range from counseling to suspension, removal, or other personnel actions depending on severity and agency policy.

If the Department furnishes Privacy Act records to a third party under a condition that the third party not further disseminate them, any forbidden further dissemination may be subject to penalties under 18 U.S.C. 641. See 71.14(c).

• That statute can impose criminal penalties for unauthorized use or disposal of government records or property.
• The Department’s conditional disclosure makes clear the legal risk for unauthorized redistribution by recipients.

It means you are responsible to recognize when information is not publicly available; if a reasonable person in your position would conclude it’s not public, treat it as nonpublic. See 71.14(a).

• If you are unsure, do not use or disclose the information for private purposes until you confirm it has been publicly released or you have authorization.
• This standard prevents employees from claiming ignorance when the nonpublic nature of the material would be obvious to a colleague in the same role.

Yes — once the information has actually been disseminated to the general public and is authorized for public release, you may use it for personal transactions. See 71.14(a)(2)(ii).

• Make sure the release is official and accessible to the general public; internal memos or informal leaks do not count.
• If in doubt about whether a release was authorized, consult your supervisor or ethics office before acting.

Yes — sharing nonpublic information for official, authorized government business is permitted, but you must limit disclosures to what is necessary and to persons authorized to receive it. See 71.14(a).

• Always confirm the recipient has a lawful need to know and the disclosure is within agency policies or authorized by law.
• Do not share nonpublic information for personal purposes or to benefit someone outside official duties.

Yes — if the information remains nonpublic, former employees should not use it for private gain; nonpublic status, not employment status, controls the prohibition. See 71.14(a) and 2635.703.

• Many ethics rules and the Privacy Act continue to be relevant after separation; consult agency guidance and legal counsel if you are unsure.
• If the information becomes public through authorized disclosure, it may be used after that point.

Records protected under the Privacy Act are treated as nonpublic when an employee knew or should have known they were protected, so using them for private benefit is prohibited. See 71.14(a)(2) and 71.14(b).

• The regulation explicitly links Privacy Act-protected records to the nonpublic-information prohibition.
• Unauthorized disclosure of Privacy Act records can also trigger disciplinary action and legal penalties.

You must obtain official authorization through your chain of command or the agency office that controls the records before disclosing or using nonpublic information; do not rely on informal permission. See 71.14(a).

• Authorization should be documented and explicitly state the permitted use and recipients.
• If you are dealing with Privacy Act records, coordinate with the agency’s Privacy Act officer or legal counsel to ensure compliance with statutory and regulatory requirements.

When DOL furnishes Privacy Act records to a third party under a nondissemination condition, anyone who then improperly disseminates those records may face penalties under 18 U.S.C. 641. See 71.14(c).

• That federal statute can impose criminal penalties for wrongful disposal or use of government property or records.
• Organizations or individuals receiving conditional disclosures should treat the records as legally restricted and follow the stated conditions strictly.

No — 71.14(b) specifies disciplinary consequences for willful disclosures where the employee knew the disclosure was prohibited; accidental disclosures are handled according to agency policy and the circumstances. See 71.14(b).

• If you accidentally disclose nonpublic information, report it immediately to your supervisor, privacy officer, or legal counsel so corrective steps can be taken.
• Willfulness (knowing the disclosure is prohibited) is the element the regulation highlights for disciplinary action.

Yes — sharing nonpublic information with family members or friends for their private benefit is prohibited. See 71.14(a).

• Passing along tips, documents, or advice based on nonpublic information to help relatives or friends is treated the same as providing that information to any outsider.
• Keep nonpublic material within authorized official uses only.

The regulation explicitly addresses DOL employees, but contractors, interns, and volunteers are typically bound by contract terms, confidentiality agreements, and agency policies that impose comparable restrictions on nonpublic information. See 71.14.

• Always follow the confidentiality clauses in your contract or assignment paperwork and the agency’s privacy and ethics guidance.
• When in doubt, treat the information as nonpublic and consult the contracting officer, privacy officer, or legal counsel.

No — posting internal documents or screenshots that have not been authorized for public release is prohibited even if you omit names, unless the material has been authorized for public dissemination. See 71.14(a)(2)(ii) and 71.14(b).

• Redacting names does not necessarily remove other sensitive, nonpublic content.
• If a document is protected by the Privacy Act or other statutes, unauthorized public posting can lead to disciplinary or legal consequences.

Report suspected misuse promptly to your supervisor, the agency ethics official, or the privacy office so the matter can be investigated and addressed. See 71.14 and consult 2635 for ethics guidance.

• Do not try to investigate or confront the person on your own; follow your agency’s reporting procedures.
• Provide any relevant facts, documents, or timelines to help the official review whether a prohibited disclosure or improper use occurred.

No — use of the OSHA logo on commercial products or non-OSHA materials is not permitted and can create the false impression of agency endorsement; Department policy restricts the logo to OSHA and Department materials. See the OSHA letter of interpretation on logo use at https://www.osha.gov/laws-regs/standardinterpretations/2005-07-25 and consult 2635 for related ethics rules.

• The letter of interpretation explains that logo use could imply governmental approval and is barred by Federal ethics rules.
• If you are preparing materials that include DOL records, do not add the OSHA or Department logo unless you have explicit, documented authorization.