HB10: HB10 Georgia Booking Photo Privacy Protection Act; enact

Georgia law already limits release of arrest booking photographs (O.C.G.A. § 35-1-19). This substitute for House Bill 10 rewrites that section. It generally bars an arresting law enforcement agency from releasing or posting a booking photograph to the public until the person in the photo is convicted, with exceptions for open records requests, certain required publications under Titles 16 and 40, the state sexual offender registry, qualifying news media, and law enforcement's own administrative use. The bill also targets businesses that publish booking photos and then charge people to take them down. It bans charging a fee to remove a booking photo, requires removal within ten calendar days of a written request sent by registered mail, and lets the depicted individual sue to stop continued publication. Courts must impose civil penalties of $1,000 per day for a first violation and $5,000 per day if the photo is republished after removal, plus attorney's fees, with penalty money going to the state treasury. The rules do not apply to law enforcement 'be on the lookout' notices or exigent investigations.

• Prohibits an arresting law enforcement agency from releasing or posting a booking photograph to the public before the depicted person is convicted, subject to listed exceptions.
• Bans any person or entity that publishes booking photos from soliciting or accepting payment to remove them.
• Requires publishers to remove a booking photo within ten calendar days of a proper written removal request and bars republishing it afterward.
• Creates a civil lawsuit allowing the photographed individual to seek an injunction against continued publication if removal deadlines are missed.
• Sets civil penalties of $1,000 per day for a first noncompliance and $5,000 per day if the photo is republished after being removed, plus attorney's fees and court costs.
• Exempts law enforcement 'be on the lookout' notices and exigent law enforcement investigations from these restrictions.

Arresting law enforcement agencies, news media organizations that request or publish booking photos, commercial websites and publishers that post mugshots (especially those charging removal fees), and individuals who have been arrested and photographed but not yet convicted.

People arrested but not convicted would gain a legal path to keep their booking photo out of public view or force its removal, and businesses that profit from posting mugshots and charging removal fees would face daily fines and lawsuits if they don't comply, changing how these photos circulate online.

• Section 1 revises O.C.G.A. § 35-1-19(b) to bar release or posting of a booking photograph until conviction, except for open records requests, required Title 16/40 publications, the sex offender registry, qualifying news media, and law enforcement administrative use.
• Subsection (c) sets conditions for news media requests, requiring a statement affirming compliance and disclosure of the outlet's legal and trade names; false statements are a crime under O.C.G.A. § 16-10-20.
• Subsection (e) bans soliciting or accepting a fee to remove a published booking photo and requires removal within ten calendar days of a written, registered-mail request.
• Subsection (f) creates a civil injunction action with penalties of $1,000 per day (first violation) or $5,000 per day (republication after removal), plus attorney's fees, paid into the state general fund.
• Subsection (g) limits the removal and fee rules to entities that charge removal fees or whose primary business is publishing booking photos for profit.
• Subsection (h) exempts 'be on the lookout' notices and exigent law enforcement investigations from the Code section.
• Section 2 repeals conflicting laws.

1. 2025-04-04House Withdrawn, Recommitted (House)
2. 2025-03-06House Committee Favorably Reported By Substitute (House)
3. 2025-02-10House Withdrawn, Recommitted (House)
4. 2025-01-15House Second Readers (House)
5. 2025-01-14House First Readers (House)
6. 2025-01-13House Hopper (House)

• Kim Schofield (D, HD-063)Primary sponsor
• Viola Davis (D, HD-087)
• Sandra Scott (D, HD-076)
• Derrick Jackson (D, HD-068)

• booking photos
• mugshot removal
• privacy law
• media regulation
• criminal justice records