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§ 14-1324. Removal of arrest or detention photographs or digital images from Web sites

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2015

West's Annotated Code of Maryland
Commercial Law
Title 14. Miscellaneous Consumer Protection Provisions
Subtitle 13. Miscellaneous Provisions (Refs & Annos)
Effective: October 1, 2015
MD Code, Commercial Law, § 14-1324
§ 14-1324. Removal of arrest or detention photographs or digital images from Web sites
Currentness
Application of section
(a) This section applies to the operator of a Web site that charges a fee to remove an arrest or detention photograph or digital image.
Request to remove photographs or digital images
(b) An individual may request an operator of a Web site to remove the individual's photograph or digital image from the operator's Web site if:
(1) The photograph or digital image was taken during the arrest or detention of the individual for a criminal or traffic charge or suspected violation of a criminal or traffic law; and
(2)(i) The court record or police record that contained the photograph or digital image was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article;
(ii) The individual has successfully petitioned a court to have the court record or police record that contained the photograph or digital image shielded or otherwise removed from public inspection; or
(iii) The individual has successfully petitioned a court to vacate the judgment that resulted from the arrest or detention.
Form of request
(c) An individual shall make a request for removal of a photograph or digital image under subsection (b) of this section by:
(1) Written request sent by certified mail; or
(2) Electronic mail using an electronic postmark if the operator makes available a secure electronic mail connection on the operator's Web site.
Time to remove photograph or digital image
(d) An operator of a Web site shall remove the photograph or digital image of an individual within 30 days after receiving a request under subsection (c) of this section.
Confirmation of removal of photograph or digital image
(e) Within 5 business days after removing a photograph or digital image of an individual, the operator of a Web site shall send a written confirmation of the removal to the individual.
Charging of fee for removal of photograph or digital image prohibited
(f) An operator of a Web site may not charge an individual for the removal of the individual's photograph or digital image under this section.
Violation of section an unfair or deceptive trade practice
(g) A violation of this section is:
(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.

Credits

Added by Acts 2015, c. 453, § 1, eff. Oct. 1, 2015.
MD Code, Commercial Law, § 14-1324, MD COML § 14-1324
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document