Law / United States / 
Guam
Guam Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act of 2019
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not intentionally disclose, or threaten to disclose, a private intimate image of an identifiable person without that person's consent, when you know or recklessly disregard that the image is private, the person did not consent, or the person is identifiable.
- Expect civil liability, not a criminal charge, under this Act: a prevailing plaintiff can recover actual and emotional-distress damages, or statutory damages up to $10,000 per defendant, plus any profit you made from the disclosure, punitive damages, and attorney's fees.
- Note that this Act's intimate-image definition covers a photograph, film, video recording, or similar medium; it does not by its own terms address a wholly AI-generated or synthetic depiction that shows no genuine recording of the person.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Private right of actionYes
Statutory damages
A ceiling, not a floor: the statute lets the court award statutory damages 'not to exceed' $10,000 against each defendant found liable, for all disclosures and threatened disclosures of which the plaintiff knew or reasonably should have known when filing. It is available only as an alternative to economic and noneconomic damages, whichever is greater, and the underlying cause of action requires the defendant to have known or recklessly disregarded the lack of consent, the image's private character, or the plaintiff's identifiability.
- As of
- Currency
- USD
- Per person reckless
- 10,000
Who enforces it
Enforcement body
None; the chapter names no public enforcer and sets no public penalty. It is enforced only by the depicted individual through the civil action in 7 GCA 53103(a).
Settledness
- As of
- Open questions
- Does an 'intimate image', which 7 GCA 53102(i) defines as 'a photograph, film, video recording, or other similar medium' that shows a depicted individual, reach a wholly synthetic image of an identifiable person that was not captured from that person's body?
- Does 7 GCA 53103(a) reach a platform that hosts an intimate image a third party disclosed, given that 7 GCA 53108(a) directs that the chapter 'shall be construed to be consistent with the federal Communications Decency Act of 1996, 47 U.S.C. 230'?
What it makes you log
Logging duty
Chapter 53 gives an identifiable depicted individual who suffers harm a civil action against a person who intentionally discloses, or threatens to disclose, a private intimate image without consent (section 53103), sets exceptions the defendant must prove (section 53104), lets a plaintiff proceed under a pseudonym and file a confidential information form with the court (section 53105), and sets remedies and a four-year limitation. A plaintiff's court filing and a defendant's proof of an exception are litigation steps and not a record a party keeps, and the chapter states no log, retention period or audit. It has no territorial clause.
- Kind
- None
- As of
What this law does
A depicted individual who is identifiable and suffers harm from a person's intentional disclosure, or threatened disclosure, of a private intimate image made without the individual's consent has a civil cause of action against that person, if the person knew of, or acted with reckless disregard for, the lack of consent, the image's private character, or the individual's identifiability.
A prevailing plaintiff may recover the greater of actual and emotional-distress damages or statutory damages up to $10,000 per liable defendant, plus any monetary gain the defendant made from the disclosure, punitive damages, and attorney's fees, and may litigate under a pseudonym.
Guam enacted this civil-remedies chapter on ; its intimate-image definition covers a photograph, film, video recording, or similar medium and does not by its own terms address a depiction that is wholly AI-generated or synthetic rather than a genuine recording of the person. No statement of the day the chapter came into force has been located.
When LexLint raises it
When your app profile says your app operates a social platform or processes personal data.
Back to the example · Lint your app
Page updated .