Md. Code, Commercial Law § 14-1324
This is the official text of Md. Code, Commercial Law § 14-1324, part of Maryland’s Code, Commercial Law — governs commercial transactions - Maryland's version of the Uniform Commercial Code.
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§14–1324.
Official statutory text
(a) This section applies to the operator of a website that charges a fee to remove an arrest or detention photograph or digital image.
(b) An individual may request an operator of a website to remove the individual’s photograph or digital image from the operator’s website 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) 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 website.
(d) An operator of a website shall remove the photograph or digital image of an individual within 30 days after receiving a request under subsection (c) of this section.
(e) Within 5 business days after removing a photograph or digital image of an individual, the operator of a website shall send a written confirmation of the removal to the individual.
(f) An operator of a website may not charge an individual for the removal of the individual’s photograph or digital image under this section.
(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.
(b) An individual may request an operator of a website to remove the individual’s photograph or digital image from the operator’s website 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) 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 website.
(d) An operator of a website shall remove the photograph or digital image of an individual within 30 days after receiving a request under subsection (c) of this section.
(e) Within 5 business days after removing a photograph or digital image of an individual, the operator of a website shall send a written confirmation of the removal to the individual.
(f) An operator of a website may not charge an individual for the removal of the individual’s photograph or digital image under this section.
(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.
Status: in_force · Read it on the official government site
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