2960

LAWS OF MARYLAND

Ch. 431

(6) The court may assess against any defendant
governmental entity or entities reasonable attorney fees and
other litigation costs reasonably incurred in any case under
this section in which the court determines that the
applicant has substantially prevailed.

(c) Whenever the court orders the production of any
records improperly withheld from the applicant, and in
addition, finds that the custodian acted arbitrarily or
capriciously in withholding the public record, the court
shall forward a certified copy of its finding to the
appointing authority of the custodian. Upon receipt
thereof, the appointing authority shall, after appropriate
investigation, take such disciplinary action as is warranted
under the circumstances.

(D) AN OFFICER OR EMPLOYEE OF A GOVERNMENTAL AGENCY
SUBJECT TO THIS ARTICLE, A RESEARCHER, OR ANY OTHER PERSON
WHO WILLFULLY AND KNOWINGLY VIOLATES ANY PROVISION OF THIS
ARTICLE THROUGH DISCLOSURE, ACCESS, OR USE OF PERSONAL
RECORDS, AS DEFINED IN SECTION 5A OF THIS ARTICLE, IS LIABLE
TO THE SUBJECTS OF THE PERSONAL RECORDS FOR ANY ACTUAL
DAMAGES SUSTAINED BY THE SUBJECTS BY THE UNLAWFUL
DISCLOSURE, ACCESS, OR USE OF THE PERSONAL RECORDS AND SUCH
PUNITIVE DAMAGES AS THE COURT DEEMS APPROPRIATE. THE COURT
MAY ASSESS AGAINST ANY DEFENDANT REASONABLE ATTORNEY FEES
AND OTHER LITIGATION COSTS REASONABLY INCURRED WHEN THE
COURT DETERMINES THAT THE APPLICANT HAS PREVAILED
SUBSTANTIALLY.

[(d)] (E) (1) Any person who wilfully and knowingly
violates the provisions of this article shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished
by a fine not to exceed [$100] $1,000.

(2) A PERSON WHO, BY FALSE PRETENSES, BRIBERY,
OR THEFT, GAINS ACCESS TO OR OBTAINS IN VIOLATION OF THIS
ARTICLE A COPY OF ANY PERSONAL RECORDS WHOSE DISCLOSURE IS
PROHIBITED TO HIM IS GUILTY OF A MISDEMEANOR AND, ON
CONVICTION, SHALL BE PUNISHED BY A FINE NOT TO EXCEED
$1,000.

[(e)] (F) Criminal or civil penalties may not be
imposed upon a custodian who transfers or discloses the
content of any public record to the Attorney General as
provided in the "employee disclosure and confidentiality
protection" subtitle of Article 64A.

5A.

(A) IN THIS SECTION, "PERSONAL RECORDS" MEANS AND
INCLUDES ANY PUBLIC RECORD THAT CONTAINS INFORMATION
PERTAINING TO A NATURAL PERSON WHOSE IDENTITY CAN BE
ASCERTAINED THEREFROM WITH REASONABLE CERTAINTY EITHER BY
NAME, ADDRESS, NUMBER, DESCRIPTION, FINGER OR VOICE PRINT,
PICTURE, OR ANY OTHER IDENTIFYING FACTOR OR FACTORS.