HARRY HUGHES, Governor

1505

5-115. 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 I
OF THIS SUBTITLE; AND

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

(I)  AN ADDRESS;

(II)  A DESCRIPTION;

(III)  A FINGER OR VOICE PRINT;

(IV)  A NUMBER; OR

(V)  A PICTURE.

(B)  COSTS.

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.

REVISOR'S NOTE: Subsections (a)(1) and (b) of this section
are new language derived without substantive change
from former Art. 76A, § 5(d).

Subsection (a)(2) of this section is new language
substituted for the former reference to "personal
records, as defined in § 5A", for clarity.

Defined terms: "Includes";"including" § 1-101
"Person" § 1-101 "Public record" § 5-101

5-116. PROHIBITED ACTS; CRIMINAL PENALTIES.

(A) IN GENERAL.

A PERSON MAY NOT:

(1)  WILLFULLY OR KNOWINGLY VIOLATE ANY PROVISION OF
THIS PART I OF THIS SUBTITLE;

(2)  FAIL TO PETITION A COURT AFTER TEMPORARILY
DENYING INSPECTION OF A PUBLIC RECORD; OR