SB 1027, as amended, Hill. Booking photographs: commercial use.
The California Public Records Act requires public records to be open to inspection at all times during the office hours of the state or local agency that retains those records, and provides that every person has a right to inspect any public record, except as provided.
Existing law requires a business to take reasonable steps to protect unintended disclosure of customer information and limits the way personal information on customers can be used and disseminated.
This bill would prohibit a personbegin insert, as defined,end insert who publishes a booking photograph, as defined, via print or electronic means from soliciting or accepting a fee or other consideration to remove, correct, or modify
that photograph, as specified. The bill would authorize abegin delete personend deletebegin insert subject individual, as defined, who isend insert aggrieved by a violation of these provisions to bring a civil suit to recover the greater of actual damages or a $1,000 penalty for each violation, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Title 1.18.27 (commencing with Section
21798.91.1) is added to Article 12 of Chapter 1 of Part 4 of Division
33 of the Civil Code, to read:
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(a) For the purposes of this section, the following
9definitions shall apply:
10(1) “Booking photograph” means a photograph of a subject
11individual taken pursuant to an arrest or other involvement in the
12criminal justice system.
13(2) “Subject individual” means an individual who was arrested
14and had his or her booking photograph taken.
15(3) “Person” means a natural person, partnership, joint venture,
16corporation, limited liability company, or other entity.
17(b) It shall be unlawful practice for any person engaged in
18publishing or otherwise disseminating a booking photograph
19through a print or electronic medium to solicit or accept the
20payment of a fee or other consideration to remove, correct, or
21modify that booking photograph.
22(c) Notwithstanding subdivision (b), a public entity may charge
23or collect a fee to correct, modify, or remove a booking photograph.
24(d) Each payment solicited or accepted in violation of these
25provisions constitutes a separate violation.
26(e) In addition to any other sanctions, penalties, or remedies
27provided by law, a subject individual may bring a civil action in
28any court of competent
jurisdiction against any person in violation
29of this section for damages in an amount equal to the greater of
30one thousand dollars ($1,000) per violation or the actual damages
31suffered by him or her as a result, along with costs, reasonable
32attorney’s fees, and any other legal or equitable relief.
33(f) The jurisdiction of a civil action brought pursuant to
34subdivision (e) shall also include the county in which the subject
35individual resides at the time of the violation of this section.
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