1374

LAWS OF MARYLAND

Ch. 284

(II) A RIGHT TO SUBMIT A STATEMENT OF
DISAGREEMENT; OR

(2) THE FAILURE OF THE UNIT TO PROVIDE THE "STATEMENT
TO A THIRD PARTY.

REVISOR'S NOTE: Subsection (a)(1) of this section is new
language added to clarify the unit to which a request
is submitted.

Subsections (a)(2) through (e) of this section are new
language derived without substantive change from
former Art. 76A, §§ 4A and 5(a)(2) and (3).

In subsections (a) and (e)(1)(i) of this section, the
defined term "public record" is substituted for the
former term "personal record", which was not defined
for purposes of former Art. 76A, § 4A. The former
term may have been intended to limit correction of a
record to the types of records defined as "personal
records" in former Art. 76A, § 5A -- now § 10-624 of
this subtitle. This intent, however, seems still to
be accomplished by the use of the defined term "person
in interest", which, in relevant part, means "a person
or governmental unit that is the subject of a public
record".

In subsection (d)(2) of this section, the term
"disputed information" is substituted for the former
reference to "information from personal records about
which a statement has been filed", since, presumably,
the statement is not provided if the disclosed
information is not in dispute.

Defined terms: "Person" § 1-101
"Person in interest" § 10-611
"Public record" § 10-611

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 AND ANY
PUNITIVE DAMAGES THAT THE COURT CONSIDERS APPROPRIATE IF:

(1)  THE PERSON WILLFULLY AND KNOWINGLY PERMITS
INSPECTION OR USE OF A PUBLIC RECORD IN VIOLATION OF THIS PART
III OF THIS SUBTITLE; AND

(2)  THE PUBLIC RECORD NAMES OR, WITH REASONABLE
CERTAINTY, OTHERWISE IDENTIFIES THE INDIVIDUAL BY AN IDENTIFYING
FACTOR SUCH AS: