HB8 Alabama 2015 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2015

Title

Websites containing personal information of persons convicted of crimes, required to remove information at no charge upon request, civil penalties, presumption of defamation

Summary

HB8 would require website operators to remove arrest photos and related personal information of people who were charged but not convicted, within 30 days after the person submits a written removal request, and make failure to do so a deceptive trade practice.

What This Bill Does

If enacted, the bill requires operators of publicly available websites that publish an arrest photo to delete the subject's photo and personal information within 30 days after the subject sends a written removal request. The written request must include the subject's name, date of birth, arrest date, and arresting agency, and must be sent via certified mail or overnight delivery. Removal must be at no charge. If a publisher fails to remove the information, it would be deemed a deceptive trade practice, allowing the affected person to pursue remedies, including civil penalties, under the Deceptive Trade Practices Act. The law would take effect on the first day of the third month after passage and governor approval.

Who It Affects

• Individuals who were arrested and later acquitted or had charges dropped or otherwise resolved without conviction, who can request removal of their arrest photos and personal information from websites at no cost
• Website operators or publishers that post arrest booking photos for commerce, who would be required to remove requested material within 30 days and could face penalties for noncompliance

Key Provisions

• Defines 'photograph' as an arrest photograph taken by a state law enforcement agency and 'subject individual' as someone who was arrested and later acquitted or had charges dropped or resolved without conviction
• Public publishers of arrest photos for commerce are considered to be transacting business in Alabama
• Publishers must remove the subject's arrest photo and personal information within 30 days after a written removal request is sent, with the request including name, date of birth, arrest date, and arresting agency, and delivered via certified mail or overnight delivery
• Removal must be provided at no charge; failure to comply is unlawful and treated as a deceptive trade practice, allowing remedies including civil penalties under the Deceptive Trade Practices Act
• Effective date: the act becomes law on the first day of the third month after passage and governor approval

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses