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§ 7-311. Obtaining participant’s address or phone number without authorization prohibited

West's Annotated Code of MarylandState GovernmentEffective: January 1, 2019

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 7. Secretary of State (Refs & Annos)
Subtitle 3. Address Confidentiality Program (Refs & Annos)
Effective: January 1, 2019
MD Code, State Government, § 7-311
§ 7-311. Obtaining participant’s address or phone number without authorization prohibited
Currentness
In general
(a)(1) A person may not knowingly and intentionally obtain a Program participant's actual address or telephone number from the Secretary of State, the clerk of a circuit court, or any agency without authorization to obtain the information.
(2) A person may not knowingly and intentionally seek and obtain a Program participant's actual address or telephone number from any other person if, at the time of obtaining the information, the person has specific knowledge that the actual address or telephone number belongs to a Program participant.
Disclosure of participant’s actual address or telephone number to another person prohibited
(b)(1) This subsection applies only when a person:
(i) obtains a Program participant's actual address or telephone number during the course of the person's employment; and
(ii) at the time of disclosure, has specific knowledge that the actual address or telephone number belongs to a Program participant.
(2) A person may not knowingly and intentionally disclose a Program participant's actual address or telephone number to another person unless the disclosure is authorized by law, including as authorized by subsection (c) of this section.
Circumstances when disclosure of participant’s actual address or telephone number to another person permitted
(c)(1) If an individual who is a Program participant notifies a person in writing on a form prescribed by the Secretary of State that states the requirements of the Program and that the individual is a Program participant, the person may not knowingly disclose the Program participant's name, home address, work address, or school address unless:
(i) the person to whom the address is disclosed also lives, works, or goes to school at the disclosed address; or
(ii) the Program participant has provided written consent to the disclosure of the Program participant's name, home address, work address, or school address for the purpose for which the disclosure will be made.
(2) The person to whom written consent is provided under paragraph (1)(ii) of this subsection:
(i) may require the consent to be in a particular form acceptable to the person and the Program participant; and
(ii) shall limit any disclosure to only those disclosures that are necessary for the purpose for which the consent is provided.
(3) A person that receives notice as provided under paragraph (1) of this subsection is presumed to have specific knowledge that the disclosed home address, work address, or school address belongs to the Program participant.
Fines for violation of section
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.

Credits

Added by Acts 2014, c. 344, § 1, eff. Oct. 1, 2014; Acts 2014, c. 345, § 1, eff. Oct. 1, 2014. Amended by Acts 2018, c. 423, § 2, eff. Jan. 1, 2019; Acts 2018, c. 424, § 2, eff. Jan. 1, 2019.
MD Code, State Government, § 7-311, MD STATE GOVT § 7-311
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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