3.__Remedies.__A person who has reason to believe an entity has violated or may violate the provisions of subsection 2 may apply to a court of competent jurisdiction to enjoin the entity to comply with the provisions of subsection 2.__A person injured by a violation of subsection 2 may bring a civil action in a court of competent jurisdiction against the violating entity.__The court may either:

A.__If the violation is due to negligence, award a penalty of $200 or the amount of actual damages, whichever is greater, and costs and reasonable attorney's fees; or

B.__If the violation is willful, award a penalty of $600 or an amount equal to 3 times the actual damages but not to exceed $10,000, whichever is greater, and costs and reasonable attorney's fees.

4.__Attorney General.__The Attorney General may bring a civil action in the name of the State in a court of competent jurisdiction for injunctive relief or damages similar to the damages provided in subsection 3, paragraphs A and B.

5.__Exceptions.__This section does not apply to personal records intended to be returned to the person to whom the records pertain or transferred legally to another entity, government unit or an archive.

SUMMARY

This bill requires all government and private entities to destroy records containing personal information in the entity's custody or control that the entity intends to dispose of or no longer retain, except for transferring legally to another entity, government unit or archive or to the individual to whom the records pertain. This bill provides legal and equitable remedies for the Attorney General or a person aggrieved by a violation of the provisions of this Act.