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2017 Maryland Code
Commercial Law
Title 14 - Miscellaneous Consumer Protection Provisions
Subtitle 13 - Miscellaneous Provisions
§ 14-1324. "Mug shot" Web sites.
Universal Citation: MD Comm L Code § 14-1324 (2017)
- (a) Applicability. -- This section applies to the operator of a Web site that charges a fee to remove an arrest or detention photograph or digital image.
- (b) Requirements for removal of "mug shot" from Web site. -- 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.
- (c) Manner of making request. -- 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.
- (d) Time limits for removal. -- 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.
- (e) Confirmation of removal. -- 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.
- (f) Fee for removal not permitted. -- 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.
- (g) Violation; penalty. -- 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.
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