# General Provisions (GGP)

## Title 4. Public Information Act

### Subtitle 4. Liability; Prohibited Acts; Penalties; Immunity

#### Section 4-401

(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 Sec. 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.

#### Section 4-402

(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.

#### Section 4-403

A custodian is not civilly or criminally liable for transferring or disclosing the contents of a public record to the Attorney General under Sec. 5-313 of the State Personnel and Pensions Article.

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Md. Code Ann., Gen. Prov. (as displayed at mgaleg.maryland.gov, October 16, 2026)