NC H778

Law enforcement agencies are prohibited from knowingly disclosing booking photographs to publish-for-pay publications or websites, but may post them on agency websites or mobile applications.

Publish-for-pay publications and websites must remove and destroy booking photographs within seven business days of receiving a removal request if there is no criminal conviction and the individual provides documentation of dismissal, acquittal, expunction, or no true bill.

Charging a fee or other consideration to remove or delete a booking photograph may constitute a criminal offense.

Entities that fail to remove booking photographs as required are liable for a minimum of $100 per day for each day the photograph remains visible or publicly accessible, plus court costs and reasonable attorneys' fees.

The act becomes effective December 1, 2023, and applies to future disclosures, removal requests, fee-conditioning practices, and failures to remove photographs.