Law / United States / 
Maryland
Judge Andrew F. Wilkinson Judicial Security Act
Officially Judge Andrew F. Wilkinson Judicial Security Act: removal of a protected individual's personal information
Md. Code Ann., Cts. & Jud. Proc. §§ 3-2301 to 3-2304 (Title 3, Subtitle 23)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Prohibition
As of .
What it requires
- If you publish content on the Internet, social media or social networks, remove a protected individual's personal information from publication within 72 hours after you receive a written request, sent by certified mail or email, from the protected individual or the Office of Information Privacy, and notify the requester of the removal by certified mail or email (Cts. & Jud. Proc. 3-2303(a)-(d)).
- Do not knowingly publish the personal information of a protected individual if you know or reasonably should know that publishing it poses an imminent and serious threat to the protected individual and the publishing results in an assault, harassment, trespass or malicious destruction of property (Cts. & Jud. Proc. 3-2304(a)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Section 3-2304(b) makes a violation of section 3-2304 a misdemeanor punishable by imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both.
Who enforces it
Enforcement body
A protected individual or the Office of Information Privacy in the Administrative Office of the Courts, by civil action under section 3-2303(e); a violation of section 3-2304 is prosecuted as a misdemeanor.
Settledness
- As of
- Open questions
- Does a people-search or data-broker website that republishes a home address drawn from a public land record 'publish' it within section 3-2301(f), and does the record's public status excuse a refusal to remove it once a protected individual asks under section 3-2303?
What this law does
A protected individual is a current or retired justice or judge of a Maryland court, a current or retired justice or judge of a federal court domiciled in the State, a current or retired magistrate or commissioner, or a spouse, child or dependent who resides in the same household as one of them.
Personal information means items such as a home address, home or mobile telephone number, personal email address and Social Security number, and does not include information publicly disclosed with the protected individual's consent or displayed as part of speech on matters of public concern. To publish means to post or otherwise make available to the general public on the Internet, social media or social networks.
A governmental entity that receives a request must promptly acknowledge it in writing and either take the steps reasonably necessary to ensure the personal information is not published or, if it is already published, remove it within 72 hours after receipt of the request. 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 it from publication.
The person to whom the request is made must provide for removal of the personal information within 72 hours after receipt of the request and notify the protected individual or the Office of Information Privacy of the removal by certified mail or email.
A protected individual or the Office of Information Privacy may bring an action against a person for a violation of the section for declaratory relief, injunctive relief, damages incurred as the result of the violation, and reasonable attorney's fees. A court may award punitive damages if it finds that a person willfully refused to provide for removal knowing that the individual on whose behalf the request was made was a protected individual.
An individual may not knowingly publish the personal information of a protected individual if the individual knows or reasonably should know that publishing it poses an imminent and serious threat to the protected individual and the publishing results in an assault, harassment, trespass or malicious destruction of property.
An individual who violates section 3-2304 is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $5,000 or both. Section 1 of Chapter 415 of the Acts of 2024, which added Subtitle 23, took effect on .
When LexLint raises it
When your app profile says your app operates a social platform.