Criminal Law – Distribution of Students’ Personal Information – Prohibition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0566*

HOUSE BILL 566
E1 6lr1082
CF SB 107
By: Delegates Martinez, Acevero, and Young
Introduced and read first time: January 28, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Law – Distribution of Students’ Personal Information – Prohibition 2

FOR the purpose of prohibiting a person from distributing personal identifying information 3
or images of certain students under certain circumstances; and generally relating to 4
the distribution of student information. 5

BY adding to 6
Article – Criminal Law 7
Section 3–810 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Criminal Law 13

3–810. 14

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 15
INDICATED. 16

(2) (I) “DISTRIBUTE” MEANS TO GIVE , SELL, TRANSFER, 17
DISSEMINATE, PUBLISH, UPLOAD, CIRCULATE, BROADCAST, MAKE AVAILABLE , 18
ALLOW ACCESS TO , OR ENGAGE IN ANY OTH ER FORM OF TRANSMISS ION, 19
ELECTRONIC OR OTHERWISE. 20

(II) “DISTRIBUTE” DOES NOT INCLUDE PUB LICATION OR 21
DISSEMINATION FOR LE GITIMATE ACADEMIC , JOURNALISTIC, OR EXPRESSIVE 22
2 HOUSE BILL 566

PURPOSES PROTECTE D UNDER THE FIRST AMENDMENT TO THE U.S. 1
CONSTITUTION OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS. 2

(3) “HARM” MEANS: 3

(I) PHYSICAL INJURY; 4

(II) SERIOUS EMOTIONAL DI STRESS ARISING FROM TARGETED 5
HARASSMENT OR THREATS; OR 6

(III) ECONOMIC DAMAGES. 7

(4) (I) “INSTITUTION OF POSTSE CONDARY EDUCATION” HAS THE 8
MEANING STATED IN § 10–101 OF THE EDUCATION ARTICLE. 9

(II) “INSTITUTION OF POSTSECONDARY EDUCATION” INCLUDES 10
INSTITUTIONS OF HIGH ER EDUCATION THAT AW ARD DEGREES AT THE A SSOCIATE 11
AND BACCALAUREATE LEVELS. 12

(5) “INSTITUTION OF SECONDARY EDUCATION” MEANS A SCHOOL OR 13
ANY OTHER INSTITUTION THAT ENROLLS STUDENTS IN GRADES 6 THROUGH 12. 14

(6) “PERSONAL IDENTIFYING INFORMATION” INCLUDES A PERSON’S: 15

(I) NAME; 16

(II) ADDRESS; 17

(III) TELEPHONE NUMBER; 18

(IV) DRIVER’S LICENSE NUMBER; 19

(V) SOCIAL SECURITY NUMBER; 20

(VI) PLACE OF EMPLOYMENT; 21

(VII) EMPLOYEE IDENTIFICATION NUMBER; 22

(VIII) HEALTH INSURANCE IDENTIFICATION NUMBER; 23

(IX) MEDICAL IDENTIFICATION NUMBER; 24

(X) MOTHER’S MAIDEN NAME; 25
HOUSE BILL 566 3

(XI) BANK OR OTHER FINANC IAL INSTITUTION ACCO UNT 1
NUMBER; 2

(XII) DATE OF BIRTH; 3

(XIII) PERSONAL IDENTIFICATION NUMBER; 4

(XIV) UNIQUE BIOMETRIC DAT A, INCLUDING FINGERPRIN T, 5
VOICEPRINT, RETINA OR IRIS IMAGE , OR OTHER UNIQUE PHYSICAL 6
REPRESENTATION; 7

(XV) DIGITAL SIGNATURE; 8

(XVI) CREDIT CARD NUMBER O R OTHER PAYMENT DEVI CE 9
NUMBER; AND 10

(XVII) SCHOOL ADDRESS. 11

(B) THIS SECTION DOES NOT APPLY TO: 12

(1) A MEMBER OF THE PRES S, INCLUDING A STUDENT JOURNALIST, 13
AN EMPLOYEE OF A POSTSECONDARY INSTITUTION, OR AN INDIVIDUAL OTHERWISE 14
INVOLVED IN CAMPUS MEDIA, WHO IS ENGAGED IN NEWSGATHERING OR REPORTING 15
ON MATTERS OF PUBLIC CONCERN; 16

(2) A FACULTY MEMBER , STAFFER, OR STUDENT ENGAGED I N 17
LEGITIMATE ACADEMIC, RESEARCH, OR EDUCATIONAL ACTIVITIES; 18

(3) A DISCLOSURE REQUIRE D OR AUTHORIZED BY L AW, 19
INSTITUTIONAL POLICY, OR FOR A LAWFUL CAMPUS SAFETY PURPOSE; OR 20

(4) A DISCLOSURE MADE TO A CAMPUS POLICE OR P UBLIC SAFETY 21
OFFICER, A TITLE IX COORDINATOR, OR OTHER AUTHORIZED INSTITUTIONAL 22
OFFICIAL FOR LEGITIMATE SAFETY OR COMPLIANCE PURPOSES. 23

(C) A PERSON MAY NOT INTEN TIONALLY DISTRIBUTE THE PERSONAL 24
IDENTIFYING INFORMAT ION OR IMAGE OF A ST UDENT ENROLLED IN AN 25
INSTITUTION OF SECONDARY EDUCATION OR AN INSTITUTION OF POSTSECONDARY 26
EDUCATION: 27

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(1) WITHOUT THE EXPRESS PERMISSION OF THE STUDENT OR, IF THE 1
STUDENT IS UNDER THE AGE OF 18 YEARS, THE PARENT OR GUARDI AN OF THE 2
STUDENT; AND 3

(2) WITH: 4

(I) INTENT OR KNOWLEDGE THAT THE PERSONAL IDENTIFYING 5
INFORMATION OR IMAGE WILL BE USED TO HARM THE STUDENT; OR 6

(II) RECKLESS DISREGARD FOR THE RISK THAT THE PERSONAL 7
IDENTIFYING INFORMATION OR IMAGE WILL BE USED TO HARM THE STUDENT. 8

(D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR 9
AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 1 YEAR OR A 10
FINE NOT EXCEEDING $5,000 OR BOTH. 11

(E) THIS SECTION MAY NOT BE CONSTRUED OR APPLIED IN A MANNER THAT 12
VIOLATES AN INDIVIDUAL’S RIGHT TO FREE SPEE CH OR TO THE FREEDOM OF THE 13
PRESS UNDER THE U.S. CONSTITUTION OR THE MARYLAND DECLARATION OF 14
RIGHTS. 15

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2026. 17