(a) A person, including an officer or employee of a governmental unit, is liable to an individual for actual damages that the court considers appropriate if the court finds by clear and convincing evidence that:
(1) (i) the person willfully and knowingly allows inspection or use of a public record in violation of this subtitle; and
(ii) the public record names or, with reasonable certainty, otherwise identifies the individual by an identifying factor such as:
1. an address;
2. a description;
3. a fingerprint or voice print;
4. a number; or
5. a picture; or
(2) the person willfully and knowingly obtains, discloses, or uses personal information in violation of § 4-320 of this title.
(b) If the court determines that the complainant has substantially prevailed, the court may assess against a defendant reasonable counsel fees and other litigation costs that the complainant reasonably incurred.