H1694B2353A03824 DMS:BTW 10/16/13 #90 A03824

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 1694 (As amended by A03896)

Sponsor: REPRESENTATIVE KRIEGER

Printer's No. 2353

 

1Amend Bill, page 1, line 17 (A03896), by striking out "and 
2penalties" and inserting

3, penalties and private right of action

4Amend Bill, page 11, by inserting between lines 28 and 29
5(A03896)

6(f) Private right of action.--

7(1) Any person whose private personal or medical
8information from PAMS is knowingly, intentionally or
9negligently released, obtained through fraud or
10misrepresentation or used for a purpose other than a purpose
11authorized by this section or department regulations and
12thereby suffers any ascertainable loss of privacy or
13reputation as a result of an act by any person declared
14unlawful by subsection (a), may bring a private action to
15recover actual damages or $1,000, whichever is greater. The
16court may, in its discretion, award up to three times the
17actual damages sustained, but not less than $1,000, and may
18provide such additional relief as it deems necessary or
19proper. The court shall award to the plaintiff, in addition
20to other relief provided in this section, costs and
21reasonable attorney fees.

22(2) Any permanent injunction, judgment or order of the
23court made under subsection (a) shall be prima facie evidence
24in an action brought under paragraph (1) that the defendant
25engaged in activity declared unlawful by subsection (a).