§ 4191 — Removal of booking photographs from the Internet; fees prohibited

(a) As used in this section, “booking photograph” means any photograph taken by a law enforcement office or other authorized person pursuant to 20 V.S.A. chapter 117.
(b) A person who posts or otherwise disseminates a booking photograph on the Internet shall not solicit or accept a fee or other consideration to remove, delete, correct, modify, or refrain from posting or disseminating the booking photograph if requested by the depicted person.
(c) A person who violates subsection (b) of this section shall be assessed a civil penalty of not more than $1,000.00 for the first violation and not more than $2,500.00 for each subsequent violation.
(d) A person who sustains damages or injury as a result of a violation of this section may bring an action in Superior Court for damages, injunctive relief, punitive damages in the case of a willful violation, and reasonable costs and attorney’s fees. The court may issue an award for the person’s actual damages or $500.00 for a first violation or $1,000.00 for each subsequent violation, whichever is greater. This subsection shall not limit any other claims a person who sustains damages or injury as a result of a violation of this section may have under applicable law.
(e) This section shall not be construed to limit a person’s liability under any other law.

Legislative History

(Added 2015, No. 62, § 4.)