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(a) Cause of Action. The City shall be liable in a civil action for a violation of Section 103.4(b) filed by either (1) an individual whose Personal Information has been disclosed in violation of Section 103.4(b) of this Chapter or (2) a non-profit organization exempt from taxation pursuant to Title 26, Section 501 of the United States Code, that has the defense of immigrants’ and ethnic minorities’ rights as a stated purpose in its articles of incorporation or bylaws.
(b) Damages and Civil Penalties. If the City is found liable in a cause of action brought by an individual under section (a)(1) of this Section 103.6, the City shall be liable for (1) the damages suffered by the plaintiff, if any, as determined by the court, and (2) a civil penalty no greater than $5,000 per violation, as determined by the court. If the City is found liable in a cause of action brought by an organization under section (a)(2) of this Section 103.6, the City shall be liable for a civil penalty no greater than $5,000 per violation, as determined by the court; provided that an organization may not recover a civil penalty if a court has already awarded a penalty to an individual or another organization arising out of the same violation. In determining the amount of the civil penalty in any action filed under subsection 103.6(a), the court shall consider: whether the violation was intentional or negligent, and any prior violations of Section 103.4(b) by the City department that committed the violation. For the purpose of this subsection 103.6(b), each disclosure of each individual’s Personal Information shall be a separate violation.
(c) Attorney’s Fees and Costs. A court may award a plaintiff who prevails on a cause of action under subsection (a) of this Section 103.6 reasonable attorney’s fees and costs.
(d) Limitations on Actions. Any person or entity bringing an action under this Section 103.6 must first file a claim with the City under Government Code Section 905 or any successor statute within three years of the alleged violation.
(e) Exception. Any disclosure of Personal Information required by a legally enforceable subpoena, judicial warrant, or court order shall not give rise to a cause of action under this Section 103.6.