general Notwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), in an action brought by the Commission to enforce this Act and the regulations promulgated under this Act, in addition to any injunctive relief obtained by the Commission in the action, a covered entity or service provider shall be liable for a civil penalty in an amount described in subparagraph (B) if the covered entity or service provider, with actual knowledge, violates this Act or a regulation promulgated under this Act. (B) Amount (i) Calculation Except as provided in clause (ii), the amount of a civil penalty described in subparagraph (A) shall be the number of individuals affected by a violation described in that subparagraph multiplied by an amount not to exceed $42,530. (ii) Considerations In determining the amount of a civil penalty to seek under subparagraph (A) for a violation described in that subparagraph, the Commission shall consider, with respect to the covered entity or service provider that committed the violation— (I) the degree of harm associated with the privacy and security of personal data of individuals created by the violation