§20-3017. Action for injunctive or declaratory relief.

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

A. An at-risk individual or their immediate family whose covered information is made public as a result of a violation of this act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the costs and reasonable attorney fees of the at-risk individual or immediate family, as applicable.

B. If a person, business, or association knowingly violates an order granting injunctive or declaratory relief under subsection A of this section, the court issuing such order may:

1. If the person, business, or association is a government agency:

a. impose a fine not greater than Four Thousand Dollars

($4,000.00), and

b. award to the at-risk individual or their immediate

family, as applicable, court costs and reasonable

attorney fees; and

2. If the person, business, or association is not a government agency, award to the at-risk individual or their immediate family, as applicable:

a. an amount equal to the actual damages sustained by the

at-risk individual or their immediate family, and

b. court costs and reasonable attorney fees. Added by Laws 2023, c. 350, § 7, eff. Nov. 1, 2023.