§ 7306 — Immunity

(a) General rule.--In the absence of fraud or malice, a law enforcement agency is immune from civil liability for employment information released to a prospective employing law enforcement agency in accordance with this chapter or for any subsequent publication made by the prospective employing law enforcement agency or the applicant of employment information released to a law enforcement agency under this chapter.

(b) Release in violation of chapter.--

(1) A law enforcement agency is not immune from civil liability for employment information released in violation of this chapter.

(2) An applicant adversely affected by the release of employment information in violation of this chapter may seek declarative and injunctive relief and actual and punitive damages attributable to the violation in an appropriate court.

(3) The court shall award reasonable expenses, including attorney fees, court costs and compensation for loss of income, to the applicant adversely affected if an action under paragraph (2) results in:

(i) a final determination by a court in favor of the law enforcement officer adversely affected; or

(ii) rescission of the challenged release of information after suit has been filed under paragraph (2) but prior to a final determination by a court.