97 - Civil remedies.

§ 97. Civil  remedies.  (1)  Any  data subject aggrieved by any action  taken under this article may seek judicial review and relief pursuant to  article seventy-eight of the civil practice law and rules.    (2) In any proceeding brought under subdivision one of  this  section,  the  party  defending the action shall bear the burden of proof, and the  court may, if the data subject substantially prevails against any agency  and if the agency lacked a reasonable basis pursuant to this article for  the challenged action, award to the data subject  reasonable  attorneys'  fees and disbursements reasonably incurred.    (3) Nothing in this article shall be construed to limit or abridge the  right  of  any  person  to  obtain judicial review or pecuniary or other  relief, in any other form or upon any other basis,  otherwise  available  to a person aggrieved by any agency action under this article.