Statutes Text
Article - Courts and Judicial Proceedings
§3–2303.
(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.
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