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: the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as: an address; a description; a fingerprint or voice print; a number; or a picture; or the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4–320 of this title. 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.

A person may not: willfully or knowingly violate any provision of this title; fail to petition a court after temporarily denying inspection of a public record; or 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. 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.

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.