2017 ORS 646A.806¹
Website with photographs and information about arrested persons
  • requirement to remove photographs and information upon request
  • penalty

(1) A person shall comply with subsection (2) of this section if the person:

(a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 (Fingerprints, identifying data, disposition report required upon arrest) or otherwise as part of routinely documenting an arrest; and

(b) Charges a fee for the removal from the website of a photograph referred to in paragraph (a) of this subsection and the name and personal information of the individual associated with the photograph.

(2) A person described in subsection (1) of this section shall remove the photograph and related name and personal information from all websites owned or controlled by the person without charging a fee within 30 days of the date of a request to remove the photograph if the request:

(a) Is made in writing; and

(b) Contains written documentation that all charges stemming from the arrest for which the photograph was made:

(A) Were resolved through acquittal or otherwise without a conviction;

(B) Were reduced to violations; or

(C) Following conviction, were expunged or set aside pursuant to court order.

(3) For purposes of this section, paper or electronic copies of official court records or law enforcement records constitute written documentation.

(4) A person who violates subsection (2) of this section commits an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices). [2013 c.330 §1]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.