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§ 4-401. Unlawful disclosure of public records

West's Annotated Code of MarylandGeneral ProvisionsEffective: October 1, 2014

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 4. Public Information Act (Refs & Annos)
Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity (Refs & Annos)
Effective: October 1, 2014
MD Code, General Provisions, § 4-401
Formerly cited as MD CODE, SG, § 10-626
§ 4-401. Unlawful disclosure of public records
Liability
(a) A person, including an officer or employee of a governmental unit, is liable to an individual for actual damages that the court considers appropriate if the court finds by clear and convincing evidence that:
(1)(i) the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and
(ii) the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as:
1. an address;
2. a description;
3. a fingerprint or voice print;
4. a number; or
5. a picture; or
(2) the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4-320 of this title.
Costs
(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.

Credits

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014.
MD Code, General Provisions, § 4-401, MD GEN PROVIS § 4-401
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document