(a) Injunctions.--The Attorney General or any other 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 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 violation of the provisions of this chapter or of the rules and regulations promulgated under this chapter, 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 violation of this chapter or the rules or regulations promulgated under this chapter, shall be entitled to actual and real damages of not less than $100 for each violation and to reasonable costs of litigation and attorney's fees. Exemplary and punitive damages of not less than $1,000 nor more than $10,000 shall be imposed for any violation of this chapter, or the rules or regulations adopted under this chapter, found to be willful.
Cross References. Section 9183 is referred to in section 9106 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
Section 9101 - Short title of chapter
Section 9105 - Other criminal justice information
Section 9106 - Information in central repository or automated systems
Section 9111 - Duties of criminal justice agencies
Section 9112 - Mandatory fingerprinting
Section 9113 - Disposition reporting by criminal justice agencies
Section 9114 - Correction of inaccurate information
Section 9121 - General regulations
Section 9122.1 - Petition for limited access
Section 9122.2 - Clean slate limited access
Section 9122.4 - Order to vacate order for limited access
Section 9122.5 - Effects of expunged records and records subject to limited access
Section 9122.6 - Employer immunity from liability
Section 9123 - Juvenile records
Section 9124 - Use of records by licensing agencies
Section 9125 - Use of records for employment
Section 9131 - Security requirements for repositories
Section 9142 - Quality control
Section 9151 - Right to access and review
Section 9153 - Individual rights on access and review
Section 9158.1 - Right to access
Section 9158.4 - Judicial review
Section 9158.5 - Protection of information
Section 9158.6 - Current dissemination not limited
Section 9158.7 - Rules and regulations
Section 9161 - Duties of the Attorney General
Section 9171 - Requirements of repositories relating to public notice
Section 9181 - General administrative sanctions