(a) If any person violates any provision of section 4d-36, 4d-37 or 4d-38, the Attorney General may bring an action against such person in the superior court for the judicial district of Hartford seeking (1) damages on behalf of the state for such violation, (2) restitution for damages suffered by any person as a result of the violation or (3) imposition and recovery of a civil penalty of not more than fifty thousand dollars for the violation.
(b) In addition to the remedies under subsection (a) of this section, any person aggrieved by a violation of any provision of section 4d-36, 4d-37 or 4d-38 may bring an action in Superior Court to recover any damages suffered as a result of such violation.
(c) In any action brought under subsection (a) or (b) of this section, the court may (1) order disgorgement of any profits or other benefits derived as a result of a violation of any provision of section 4d-36, 4d-37 or 4d-38, (2) award punitive damages, costs or reasonable attorneys fees, or (3) order injunctive or other equitable relief. Proof of public interest or public injury shall not be required in any action brought under subsection (a) or (b) of this section. No action may be brought under subsection (a) or (b) of this section more than three years after the occurrence of such violation.
(d) Any person who knowingly and wilfully violates any provision of section 4d-36, 4d-37 or 4d-38 shall, for each such violation, be guilty of a class D felony.
(P.A. 88-230, S. 11, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4–6; June 18 Sp. Sess. P.A. 97-9, S. 39, 50; P.A. 07-217, S. 11; P.A. 13-258, S. 33.)
History: June 18 Sp. Sess. P.A. 97-9 effective July 1, 1997 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of “judicial district of Hartford” for “judicial district of Hartford-New Britain” in public and special acts of the 1997 regular and special sessions of the General Assembly, effective September 1, 1998); P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007; P.A. 13-258 amended Subsec. (d) to change penalty from fine of not more than $5,000 or imprisonment of not less than 1 year or more than 5 years to a class D felony.
Structure Connecticut General Statutes
Title 4d - State Information and Telecommunication Systems
Chapter 61 - State Information and Telecommunication Systems Management and Contracts
Section 4d-1. (Formerly Sec. 16a-109). - Definitions.
Section 4d-3. (Formerly Sec. 16a-120). - Regulations.
Section 4d-6. - Implementation plan.
Section 4d-7. (Formerly Sec. 16a-113). - Information and telecommunication systems strategic plan.
Section 4d-8a. - Information and telecommunications systems for state agencies. Policies. Standards.
Section 4d-9. (Formerly Sec. 4a-7). - Technical Services Revolving Fund.
Section 4d-10. (Formerly Sec. 4a-8). - Capital Equipment Data Processing Revolving Fund.
Section 4d-13. (Formerly Sec. 16a-116). - Technology Advisory Committee established.
Section 4d-14. (Formerly Sec. 16a-119). - Reports.
Section 4d-17. - Professional development of information technology employees.
Section 4d-31. - Contracts, subcontracts, amendments to include State Comptroller's specifications.
Section 4d-32. - Approval of subcontract awards.
Section 4d-33. - “Public record” defined.
Section 4d-36. - Nondisclosure of public records by contractor or subcontractor.
Section 4d-37. - Prohibition on selling, marketing or otherwise profiting from public records.
Section 4d-38. - Notice to commissioner of violations.
Section 4d-39. - Remedies and penalties for violations.
Section 4d-42. - Interagency agreement between Chief Court Administrator and commissioner.
Section 4d-43. - Interagency agreements between constitutional officers and commissioner.
Section 4d-47. - Hiring of state employees by contractors and subcontractors.