§ 4-401

146 words·~1 min read·/md/general-provisions/4-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§4–401.

(a)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:

(i)the person willfully and knowingly allows inspection or use of a public record in violation 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 fingerprint 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 § 4–320 of this title.

(b)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.