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

(1) Except as provided in subsection (2) of this section: (a) 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. (b) 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. (c) 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: (A) 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 (B) 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. (2)(a) 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: (A) 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 (B) The person submits to the publish-for-pay publication documentation of a disposition described in subparagraph (A) of this paragraph. (b) 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. (c) 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: (A) 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 (B) 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. (d) 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. (3) As used in this section: (a) “Booking photo” means a photograph of a person taken by a law enforcement agency for identification purposes when the person is booked into custody. (b) “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. [2021 c.374 §2]