(1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records as prohibited by standards issued by the State Board of Education or the governing board of a public university listed in ORS § 352.002 may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS § 30.265 to 30.300, for damages, or both. The court may order such other relief as may be appropriate.

Terms Used In Oregon Statutes 30.864

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) The action authorized by this section shall be filed within two years of the alleged unlawful disclosure.

(3) In an action brought under this section, the court may allow the prevailing party costs, disbursements and reasonable attorney fees. [1993 c.806 § 8; 1995 c.618 § 30; 2013 c.768 § 102; 2015 c.767 § 45]

 

[2005 c.544 § 1; 2009 c.877 § 3; 2013 c.1 § 3; renumbered 30.831 in 2019]

 

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