§ 14–1324
Statutes in effect as of October 1, 2026.
Md. Code Ann., Com. Law § 14-1324 (2026)
Title 14. Miscellaneous Consumer Protection Provisions
Subtitle 13. Miscellaneous Provisions
§ 14–1324LinkCopy Citation
(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.