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Maryland Code, General Provisions § 4-401

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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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Cite this article: FindLaw.com - Maryland Code, General Provisions § 4-401 - last updated January 01, 2025 | https://codes.findlaw.com/md/general-provisions/md-code-gen-provis-sect-4-401/

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