(a) Injunctions.--The State Police or any other aggrieved individual or agency may institute an action in a court of proper jurisdiction against any person, agency or organization to enjoin any criminal justice agency, noncriminal justice agency, organization or individual from violating the provisions of this chapter or to compel such agency, organization or person to comply with the provisions of this chapter.
(b) Action for damages.--
(1) Any person aggrieved by a knowing violation of section 2331 (relating to prohibition on disclosure) shall have the substantive right to bring an action for damages by reason of such violation in a court of competent jurisdiction.
(2) A person found by the court to have been aggrieved by a knowing violation of section 2331 shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of section 2331.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 23 - DNA Data and Testing
Section 2301 - Scope of chapter
Section 2311 - Powers and duties of State Police
Section 2312 - State DNA Data Base
Section 2313 - State DNA Data Bank
Section 2314 - State Police recommendation of additional offenses and annual report
Section 2315 - Procedural compatibility with FBI
Section 2316 - DNA sample required upon conviction, delinquency adjudication and certain ARD cases
Section 2316.1 - Collection from persons accepted from other jurisdictions
Section 2316.3 - Collection of DNA in investigations of missing persons
Section 2316.4 - Collection of DNA in investigations of unidentified decedents
Section 2317 - Procedures for collection and transmission of DNA samples
Section 2318 - Procedures for conduct, disposition and use of DNA analysis
Section 2319 - DNA data base exchange
Section 2320 - Cancellation of authority to access or exchange DNA records
Section 2331 - Prohibition on disclosure
Section 2332 - Criminal penalties
Section 2334 - Confidentiality of records