397.604 Violation of MCL 397.603; liability; civil action; damages; attorney fees and costs; equitable relief.
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397.604 Violation of MCL 397.603; liability; civil action; damages; attorney fees and costs; equitable relief.
Sec. 4.
(1)If a library or an employee or agent of a library violates section 3, the library is subject to liability to the person identified in a library record that is improperly released or disclosed. The person identified in the library record may bring a civil action against the library for actual damages or $250.00, whichever is greater, reasonable attorney fees, and the costs of bringing the action. A court also may grant equitable relief to a person under this subsection.
(2)If an employee or agent of a library knowingly violates section 3, the employee or agent is subject to liability to the person identified in a library record that is improperly released or disclosed. The person identified in the library record may bring a civil action against the employee or agent for actual damages or $250.00, whichever is greater, reasonable attorney fees, and the costs of bringing the action. A court also may grant equitable relief to a person under this subsection.
(3)A civil action brought under this section by or on behalf of a person identified in a library record must be brought within 180 days after the date that the person first knew or had reason to know of the release or disclosure of the record giving rise to the civil action.
History: 1982, Act 455, Eff. Mar. 30, 1983 ;-- Am. 2020, Act 315 , Eff. Mar. 29, 2021