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Can you summarize IC 35-33.5-5-4?
Confidentiality of Disclosure, Remedies, and Offenses > Violations; cause of action; damages and costs; defenses; statute of limitations
Short Summary
This section of the Indiana Code governs the confidentiality of disclosure, remedies, and offenses related to the interception of telephonic or telegraphic communications. It grants a person whose communications are intercepted, disclosed, or used in violation of this article a civil cause of action against the person responsible for the violation. The affected person is entitled to recover actual damages, liquidated damages computed at a rate of $100 per day for each day of violation or $1,000, court costs (including fees), punitive damages as determined by the court, and reasonable attorney’s fees. Good faith reliance on a warrant or an extension issued under this article serves as a complete defense to a civil action. Additionally, a person who was unaware of the interception violation and used the communication to independently confirm information has an affirmative defense. The statute of limitations for bringing an action under this section is two years from the date of the initial violation.
Whom does it apply to?
Any person whose communications are intercepted, disclosed, or used in violation of this article
What does it govern?
Confidentiality of Disclosure, Remedies, and Offenses related to interception of telephonic or telegraphic communications
What are exemptions?
Good faith reliance on a warrant or an extension issued under this article constitutes a complete defense to a civil action brought under this section. Additionally, a person who was unaware that the communication was intercepted in violation of this article and has not intercepted or procured another person to intercept or disclose the communication, but has used the communication to independently confirm information contained in it, has an affirmative defense under this section.
What are the Penalties?
The person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article may be liable to the affected person for actual damages, liquidated damages computed at a rate of $100 per day for each day of violation or $1,000, court costs (including fees), punitive damages as determined by the court, and reasonable attorney's fees.
Jurisdiction
Indiana