1. (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. (1)

      1. (i) the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and

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

         1. 1. an address;
         2. 2. a description;
         3. 3. a fingerprint or voice print;
         4. 4. a number; or
         5. 5. a picture; or
   2. (2) the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4-320 of this title.
2. (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.

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014.