Criminal Law – Distribution of Students’ Personal Information – Prohibition

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0107*

SENATE BILL 107
E1 6lr1081
(PRE–FILED) CF 6lr1082
By: Senator Henson
Requested: October 2, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings

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

2 SENATE BILL 107

(II) “DISTRIBUTE” DOES NOT INCLUDE PUB LICATION OR 1
DISSEMINATION FOR LE GITIMATE ACADEMIC , JOURNALISTIC, OR EXPRESSIVE 2
PURPOSES PROTECTED U NDER THE FIRST AMENDMENT TO THE U.S. 3
CONSTITUTION OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS. 4

(3) “HARM” MEANS: 5

(I) PHYSICAL INJURY; 6

(II) SERIOUS EMOTIONAL DI STRESS ARISING FROM TARGETE D 7
HARASSMENT OR THREATS; OR 8

(III) ECONOMIC DAMAGES. 9

(4) (I) “INSTITUTION OF POSTSE CONDARY EDUCATION” HAS THE 10
MEANING STATED IN § 10–101 OF THE EDUCATION ARTICLE. 11

(II) “INSTITUTION OF POSTSECONDARY EDUCATION” INCLUDES 12
INSTITUTIONS OF HIGH ER EDUCATION THAT AWARD DEGREES AT THE ASSOCIATE 13
AND BACCALAUREATE LEVELS. 14

(5) “INSTITUTION OF SECONDARY EDUCATION” MEANS A SCHOOL OR 15
ANY OTHER INSTITUTION THAT ENROLLS STUDENTS IN GRADES 6 THROUGH 12. 16

(6) “PERSONAL IDENTIFYING INFORMATION” INCLUDES A PERSON’S: 17

(I) NAME; 18

(II) ADDRESS; 19

(III) TELEPHONE NUMBER; 20

(IV) DRIVER’S LICENSE NUMBER; 21

(V) SOCIAL SECURITY NUMBER; 22

(VI) PLACE OF EMPLOYMENT; 23

(VII) EMPLOYEE IDENTIFICATION NUMBER; 24

(VIII) HEALTH INSURANCE IDENTIFICATION NUMBER; 25

(IX) MEDICAL IDENTIFICATION NUMBER; 26
SENATE BILL 107 3

(X) MOTHER’S MAIDEN NAME; 1

(XI) BANK OR OTHER FINANC IAL INSTITUTION ACCO UNT 2
NUMBER; 3

(XII) DATE OF BIRTH; 4

(XIII) PERSONAL IDENTIFICATION NUMBER; 5

(XIV) UNIQUE BIOMETRIC DAT A, INCLUDING FINGERPRIN T, 6
VOICEPRINT, RETINA OR IRIS IMAGE , OR OTHER UNIQUE PHYS ICAL 7
REPRESENTATION; 8

(XV) DIGITAL SIGNATURE; 9

(XVI) CREDIT CARD NUMBER O R OTHER PAYMENT DEVI CE 10
NUMBER; AND 11

(XVII) SCHOOL ADDRESS. 12

(B) THIS SECTION DOES NOT APPLY TO: 13

(1) A MEMBER OF THE PRES S, INCLUDING A STUDENT JOUR NALIST, 14
AN EMPLOYEE OF A POSTSECONDARY INSTITUTION, OR AN INDIVIDUAL OTHERWISE 15
INVOLVED IN CAMPUS MEDIA, WHO IS ENGAGED IN NEWSGATHERING OR REPORTING 16
ON MATTERS OF PUBLIC CONCERN; 17

(2) A FACULTY MEMBER , STAFFER, OR STUDENT ENGAGED I N 18
LEGITIMATE ACADEMIC, RESEARCH, OR EDUCATIONAL ACTIVITIES; 19

(3) A DISCLOSURE REQUIRE D OR AUTHORIZED BY LAW , 20
INSTITUTIONAL POLICY, OR FOR A LAWFUL CAMPUS SAFETY PURPOSE; OR 21

(4) A DISCLOSURE MADE TO A CAMPUS POLICE OR P UBLIC SAFETY 22
OFFICER, A TITLE IX COORDINATOR, OR OTHER AUTHORIZED INSTITUTIONAL 23
OFFICIAL FOR LEGITIMATE SAFETY OR COMPLIANCE PURPOSES. 24

(C) A PERSON MAY NOT INTEN TIONALLY DISTRIBUTE THE PERSONAL 25
IDENTIFYING INFORMAT ION OR IMAGE OF A ST UDENT ENROLLED IN AN 26
INSTITUTION OF SECONDARY EDUCATION OR AN INSTITUTION OF POSTSECONDARY 27
EDUCATION: 28

4 SENATE BILL 107

(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