ORS 133.875 Removal of booking photo from publication or website; liability

Except as provided in subsection (2) of this section:

A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within 30 calendar days of the date of the request.

A publish-for-pay publication may not condition the removal or destruction of a booking photo on the payment of a fee of more than $50.

If the publish-for-pay publication does not remove and destroy a booking photo as required by this subsection, the publish-for-pay publication is liable for:

All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and

Statutory damages of $500 per day for each day after the 30-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.

A publish-for-pay publication shall remove and destroy a booking photo of a person who submits a request for removal and destruction within seven calendar days of the date of the request if:

The booking photo relates to a criminal charge for which the person was acquitted or not prosecuted, or to a criminal charge resulting a criminal conviction that has been set aside, vacated or pardoned; and

The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph (A) of this paragraph.

A publish-for-pay publication may not condition the removal or destruction of a booking photo described in this subsection on the payment of any fee or other consideration.

If the publish-for-pay publication that receives a request described in paragraph (a) of this subsection does not remove and destroy the booking photo as required by this subsection, the publish-for-pay publication is liable for:

All costs, including reasonable attorney fees, resulting from any legal action the person brings in relation to the failure of the publish-for-pay publication to remove and destroy the booking photo; and

Statutory damages of $1,000 per day for each day after the seven-day deadline described in this subsection that the booking photo is visible or accessible in or on the publish-for-pay publication.

An act by a publish-for-pay publication seeking to condition removal or destruction of a booking photo described in this subsection on the payment of any fee may be prosecuted as theft by deception under ORS 164.085.

As used in this section:

“Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody.

“Publish-for-pay publication” means a publication or website that requires the payment of a fee or other consideration in order to remove or delete a booking photo from the publication or website.