§ 10-626. Unlawful disclosure of personal records

   (a) Liability. -- A person, including an officer or employee of a governmental unit, is liable to an individual for actual damages that the court considers appropriate if the court finds by clear and convincing evidence that:

   (1) (i) the person willfully and knowingly permits inspection or use of a public record in violation of this Part III of this subtitle; and

      (ii) the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as:

         1. an address;

         2. a description;

         3. a finger or voice print;

         4. a number; or

         5. a picture; or

   (2) the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 10-616 (p) of this subtitle.

(b) Costs. -- If the court determines that the complainant has substantially prevailed, the court may assess against a defendant reasonable counsel fees and other litigation costs that the complainant reasonably incurred.

HISTORY: An. Code 1957, art. 76A, § 5; 1984, ch. 284, § 1; 1997, ch. 14, § 20; chs. 338, 339; 2002, ch. 403.