In this subtitle the following words have the meanings indicated. “Identification device” means an item, an application, or a product that is passively or actively capable of transmitting personal information, including devices using radio frequency technology. “Identification device” does not include an item, an application, or a product that is used in the diagnosis, monitoring, treatment, or prevention of a health condition. “Personal information” includes the following data elements to the extent that the data elements are used alone or in conjunction with other information used to identify an individual: First or last name; Address; Telephone number; E–mail, Internet Protocol, or website address; Date of birth; Driver’s license number or identification card number; Bank, credit card, or other financial account number; Any unique personal identifier contained or encoded on a health insurance, health benefit, or benefit card or record issued in conjunction with a government–supported aid program; Religion; Ethnicity or nationality; Photograph; Fingerprint or other biometric identifier; Social Security number; and Any other unique personal identifier. “Require, coerce, or compel” includes the use of physical violence, threat, intimidation, retaliation, the conditioning of any private or public benefit, including employment, promotion, or other employment benefit, and any other means to cause a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not. “Subcutaneous” means existing, performed, or introduced under or on the skin.

A person or an agent, a representative, or a designee of the State or a local government may not require, coerce, or compel an individual to undergo the subcutaneous implanting of an identification device. An individual who is implanted with a subcutaneous identification device in violation of subsection (a) of this section may file a civil action in the circuit court in the county where the violation occurred. If the court finds that the person or agent, representative, or designee of the State or a local government violated subsection (a) of this section, the court may: Assess against the defendant: A civil penalty not exceeding $10,000; and An additional civil penalty not exceeding $1,000 for each day after the day of implantation that the violation continues until corrected; and Award the plaintiff: Compensatory damages; Injunctive relief; Reasonable attorney’s fees and litigation expenses, including expert witness fees and expenses; or Any other appropriate relief. In addition to the damages or relief awarded under paragraph (2) of this subsection, the court may award the plaintiff punitive damages on a finding of proof of the defendant’s malice, oppression, fraud, or duress inflicted in requiring, coercing, or compelling the plaintiff to undergo the subcutaneous implanting of an identification device. Except as provided in paragraph (2) of this subsection, an action brought under subsection (b) of this section shall be filed within 3 years after the date on which the identification device was implanted. If a defendant induces the plaintiff to delay the filing of the action or the plaintiff delays the filing due to threats made by the defendant that caused the plaintiff duress, the defendant may not assert the limitation specified under paragraph (1) of this subsection. The remedies provided by this section are in addition to any other statutory, legal, or equitable remedies that may be available and are not intended to be prerequisite to or exclusive of any other remedies. The provisions of this section shall be liberally construed in the protection of privacy and bodily integrity.