; (B) damages under paragraph (3) and punitive damages in appropriate cases; and (C) a reasonable attorney’s fee and other litigation costs reasonably incurred. (3) Computation of Damages The court may assess as damages whichever is the greater of— (A) any profits made with respect to the violation suffered by the plaintiff; or (B) $50,000 for each violation. (4) Defense A good faith reliance on— (A) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or (B) a good faith determination that section 101 permitted the conduct complained of, is a complete defense against any civil action brought under this Act. (5) Limitation A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (d) Civil action for disparate impact An individual may bring a civil action when use of facial recognition or face surveillance by a law enforcement agency, or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age. 108. Notice requirement (a) Notice requirement A law enforcement agency that uses facial recognition to attempt to identify an individual who is arrested shall, at minimum, provide to the individual— (1) a notice of— (A) the name the law enforcement agency that operated the facial recognition system used; and (B) the name of the database, if any, that was used to identify the individual; and (2) a copy of— (A) the order that authorized the use of facial recognition; (B) accuracy or bias reports required under this Act; (C) each probe image that was used by the agency; (D) any modifications made to the probe image; (E) the candidate list, in rank order, produced by the facial recognition system