Any aggrieved person may institute a proceeding for injunction or mandamus against any person or agency that has engaged, is engaged, or is about to engage in any acts or practices in violation of the provisions of this chapter. The proceeding shall be brought in the district or circuit court of any county or city where the aggrieved person resides or where the agency made defendant has a place of business.
In the case of any successful proceeding by an aggrieved party, the agency enjoined or made subject to a writ of mandamus by the court shall be liable for the costs of the action together with reasonable attorneys' fees as determined by the court.
In addition, if the court finds that a violation of subsection A of § 2.2-3808 was willfully and knowingly made by a specific public officer, appointee, or employee of any agency, the court may impose upon such individual a civil penalty of not less than $250 nor more than $1,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $1,000 nor more than $2,500. For a violation of subsection A of § 2.2-3808 by any agency, the court may impose a civil penalty of not less than $250 nor more than $1,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $1,000 nor more than $2,500.
1976, c. 597, § 2.1-386; 2001, c. 844; 2008, cc. 840, 843.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 38 - Government Data Collection and Dissemination Practices Act
§ 2.2-3800. Short title; findings; principles of information practice
§ 2.2-3802. Systems to which chapter inapplicable
§ 2.2-3804. Military recruiters to have access to student information, school buildings, etc.
§ 2.2-3805. Dissemination of reports
§ 2.2-3806. Rights of data subjects
§ 2.2-3807. Agencies to report concerning systems operated or developed; publication of information
§ 2.2-3808.1. Agencies' disclosure of certain account information prohibited
§ 2.2-3809. Injunctive relief; civil penalty; attorneys' fees