Title 4. Public Information Act — Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity
Statutes in effect as of October 1, 2026.
Md. Code Ann., Gen. Prov. § 4-401 (2026)
Title 4. Public Information Act
Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity
§ 4–401LinkCopy Citation
(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.
Md. Code Ann., Gen. Prov. § 4-402 (2026)
Title 4. Public Information Act
Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity
§ 4–402LinkCopy Citation
(a)
A person may not:
(1)
willfully or knowingly violate any provision of this title;
(2)
fail to petition a court after temporarily denying inspection of a public record; or
(3)
by false pretenses, bribery, or theft, gain access to or obtain a copy of a personal record if disclosure of the personal record to the person is prohibited by this title.
(b)
A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code Ann., Gen. Prov. § 4-403 (2026)
Title 4. Public Information Act
Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity
§ 4–403LinkCopy Citation
A custodian is not civilly or criminally liable for transferring or disclosing the contents of a public record to the Attorney General under § 5–313 of the State Personnel and Pensions Article.