§92F-27  Civil actions and remedies. (a)  An individual may bring a civil action against an agency in a circuitcourt of the State whenever an agency fails to comply with any provision ofthis part, and after appropriate administrative remedies under sections 92F-23,92F-24, and 92F-25 have been exhausted.

(b)  In any action brought under this sectionthe court may order the agency to correct or amend the complainant's personalrecord, to require any other agency action, or to enjoin such agency from improperactions as the court may deem necessary and appropriate to render substantialrelief.

(c)  In any action brought under this sectionin which the court determines that the agency knowingly or intentionallyviolated a provision of this part, the agency shall be liable to thecomplainant in an amount equal to the sum of:

(1)  Actual damages sustained by the complainant as aresult of the failure of the agency to properly maintain the personal record,but in no case shall a complainant (individual) entitled to recovery receiveless than the sum of $1,000; and

(2)  The costs of the action together with reasonableattorney's fees as determined by the court.

(d)  The court may assess reasonable attorney'sfees and other litigation costs reasonably incurred against the agency in anycase in which the complainant has substantially prevailed, and against thecomplainant where the charges brought against the agency were frivolous.

(e)  An action may be brought in the circuitcourt where the complainant resides, the complainant's principal place ofbusiness is situated, or the complainant's relevant personal record issituated.  No action shall be brought later than two years after notificationof the agency denial, or where applicable, the date of receipt of the finaldetermination of the office of information practices. [L 1988, c 262, pt of §1;am L 1989, c 192, §8]

 

Cross References

 

  Vexatious litigants, see chapter 634J.