(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.
(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.
(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.
(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.
(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.
(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.
(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.
Structure Maryland Statutes
Title 14 - Miscellaneous Consumer Protection Provisions
Subtitle 13 - Miscellaneous Provisions
Section 14-1302 - Preservation of Consumers' Claims and Defenses in Consumer Credit Contracts
Section 14-1303 - Waiver by Consumer Invalid in Certain Replevin Actions
Section 14-1304 - Unsolicited Sending of Merchandise
Section 14-1305 - Credit Card Issued Without Request
Section 14-1306 - Extension of Appliance Service Contract
Section 14-1307 - Ladders Capable of Conducting Electricity
Section 14-1308 - Processing Instructions on Certain Photographic Film
Section 14-1309 - Stoves and Freestanding Fireplaces
Section 14-1310 - Unvented Portable Kerosene-Fired Heaters
Section 14-1311 - Extended Warranties
Section 14-1312 - Return of Checks
Section 14-1313 - Unsolicited Facsimile Transmissions
Section 14-1314 - Security Systems
Section 14-1316 - Limitation on Recovering of Bedding
Section 14-1317 - Receiving Consigned Goods From Transporter
Section 14-1318 - Printing Payment Device Numbers on Receipts
Section 14-1319 - Gift Certificates
Section 14-1321 - Merchant Contact Information for Internet Sales Contracts
Section 14-1322 - Third-Party Vendor Billing
Section 14-1323 - Credit Card Blacklisting Prevention
Section 14-1324 - "Mug Shot" Web Sites
Section 14-1325 - Nondisparagement Clauses in Consumer Contracts