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<br />(c) Subject to paragraph (d), in an action against a vendor under section 13.08 for a violation of this <br />chapter, the vendor is liable for presumed damages of $2,500 or actual damages, whichever is greater, <br />and reasonable attorney fees. <br />(d) In an action against a vendor that improperly discloses data made not public by this chapter or any <br />other statute classifying data as not public, the vendor is liable for presumed damages of $10,000 or <br />actual damages, whichever is greater, and reasonable attorney fees. <br />Subd. 12. Penalties for violation. <br />In addition to any other remedies provided by law, in the case of a willful violation of this section a law <br />enforcement agency is subject to exemplary damages of not less than twice the minimum, nor more <br />than twice the maximum allowable for exemplary damages under section 13.08, subdivision 1. <br />13.08 CIVIL REMEDIES. <br />Subdivision 1.Action for damages. <br />Notwithstanding section 466.03, a responsible authority or government entity which violates any <br />provision of this chapter is liable to a person or representative of a decedent who suffers any damage as <br />a result of the violation, and the person damaged or a representative in the case of private data on <br />decedents or confidential data on decedents may bring an action against the responsible authority or <br />government entity to cover any damages sustained, plus costs and reasonable attorney fees. In the case <br />of a willful violation, the government entity shall, in addition, be liable to exemplary damages of not less <br />than $1,000, nor more than $15,000 for each violation. The state is deemed to have waived any <br />immunity to a cause of action brought under this chapter. <br />13.09 PENALTIES. <br />(a) Any person who willfully violates the provisions of this chapter or any rules adopted under this <br />chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as <br />defined in section 13.055, subdivision 1, is guilty of a misdemeanor. <br />(b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph <br />(a), by any public employee constitutes just cause for suspension without pay or dismissal of the public <br />employee. <br /> <br /> <br /> <br /> <br />Appendix E <br /> <br />43