PARRIS N. GLENDENING, Governor

Ch. 339

(6) (7) (I) THE CUSTODIAN SHALL ADOPT REGULATIONS TO
IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SUBSECTION.

(II) 1. THE CUSTODIAN SHALL ADOPT REGULATIONS AND
PROCEDURES FOR SECURING A PERSON IN INTEREST'S WAIVER OF PRIVACY RIGHTS
UNDER THIS SUBSECTION WHEN AN APPLICANT REQUESTS PERSONAL
INFORMATION ABOUT THE PERSON IN INTEREST THAT THE CUSTODIAN IS NOT
AUTHORIZED TO DISCLOSE UNDER PARAGRAPH (2) OR (3) PARAGRAPHS (2)
THROUGH (5) OF THIS SUBSECTION.

2. THE REGULATIONS AND PROCEDURES ADOPTED UNDER
THIS SUBPARAGRAPH SHALL

A. STATE THE CIRCUMSTANCES UNDER WHICH THE
CUSTODIAN MAY REQUEST A WAIVER; AND

B. CONFORM WITH THE WAIVER REQUIREMENTS IN THE
FEDERAL DRIVER'S PRIVACY PROTECTION ACT OF 1994 AND OTHER FEDERAL LAW.

(7) (8) THE CUSTODIAN MAY DEVELOP AND IMPLEMENT METHODS
FOR MONITORING COMPLIANCE WITH THIS SECTION AND ENSURING THAT
PERSONAL INFORMATION IS USED ONLY FOR PURPOSES FOR WHICH IT IS
DISCLOSED.

10-626.

(a) 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) (I) the person willfully and knowingly permits inspection or use of a
public record in violation of this Part III of this subtitle; and

[(2)] (II) the public record names or, with reasonable certainty, otherwise
identifies the individual by an identifying factor such as:

[(I) 1.	an address;
[(ii)] 2.	a description;
[(iii)] 3.	a finger or voice print;
[(iv)] 4.	a number; or
[(v)] 5.	a picture[.]; OR

(2) THE PERSON WILLFULLY AND KNOWINGLY OBTAINS, DISCLOSES, OR
USES PERSONAL INFORMATION IN VIOLATION OF § 10-616(N) OF THIS SUBTITLE

(b) 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.

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