Relating to the interception of communications and civil damages, civil and criminal immunity, and injunctive relief

This bill relates to the interception of communications and civil damages, civil and criminal immunity, and injunctive relief under Code chapter 808B (interception of communications). communications. The person is entitled to recover from any such person all of the following: actual damages, but not less than liquidated damages computed at the rate of $100 per day for each day of violation, or $1,000, whichever is higher; punitive damages upon a finding of a willful, malicious, or reckless violation of Code chapter 808B; and a reasonable attorney fee and other litigation costs reasonably incurred. A good faith reliance on a court order constitutes a complete defense to any civil or criminal action. A person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Code chapter 808B may seek an injunction, either temporary or permanent, against any person who violates the Code chapter. The bill provides that a person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of Code chapter 808B has a civil cause of action against only an investigative or law enforcement officer or a special state agent who intercepts, discloses, or uses or procures any other person to intercept, disclose, or use such communications, and is entitled to recover from any such investigative or law enforcement officer or special state agent actual damages, punitive damages, a reasonable attorney fee, and other reasonable litigation costs provided under current law. A person whose communication is intercepted, disclosed, or used in violation of Code chapter 808B may seek an injunction against only an investigative or law enforcement officer or special state agent who violates the Code chapter.