Md. Code Ann., Cts. & Jud. Proc. § 3-2303
Requests made to a person who has published personal information to remove personal information
Effective Oct 1, 2024Added by Acts 2024, c. 414, § 1, eff. Oct. 1, 2024; Acts 2024, c. 415, § 1, eff. Oct. 1, 2024.State of Maryland
- (a) A protected individual, or the Office of Information Privacy on behalf of a protected individual, may request that a person who has published the protected individual's personal information remove the protected individual's personal information from publication.
(b) A request made under this section shall:
- (1) Be in writing;
- (2) Be sent by certified mail or by e-mail;
- (3) Except as provided in subsection (c) of this section, provide sufficient information to confirm that the requester is a protected individual; and
- (4) Adequately identify the document, posting, or other publication containing the personal information.
- (c) A request made by the Office of Information Privacy certifies that a requester is a protected individual and no further information may be required to confirm that the requester is a protected individual.
(d) The person to whom the request is made shall:
- (1) Provide for the removal of the personal information within 72 hours after receipt of the request; and
- (2) Notify the protected individual or the Office of Information Privacy by certified mail or by e-mail of the removal.
(e)
(1) A protected individual or the Office of Information Privacy may bring an action for a violation of this section against a person for:
- (i) Declaratory relief;
- (ii) Injunctive relief;
- (iii) Damages incurred as the result of a violation of this section; or
- (iv) Reasonable attorney's fees.
- (2) In addition to the relief provided under paragraph (1) of this subsection, if a court finds that a person willfully refused to provide for the removal of personal information knowing that the individual on behalf of whom the request was made was a protected individual, the court may award punitive damages.
Added by Acts 2024, c. 414, § 1, eff. Oct. 1, 2024; Acts 2024, c. 415, § 1, eff. Oct. 1, 2024.