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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Prohibited Conduct. (1) No person shall publicly post or publicly display the personal information of a judicial officer or their family if the judicial officer has made a written request under § 1924 of this subchapter of that person not to disclose such personal information.
(2) No person shall share, solicit, sell, or trade the personal information of a judicial officer or their family with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or their family.
(b) Required Conduct. (1) After a person has received a written request from a judicial officer to protect the personal information of the judicial officer or their family, that person must remove the personal information from public display withing 1 72 hours or, in the case of a printed directory, no later than the next update to the directory.
(2) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer's personal information is not publicly displayed, including on any website or subsidiary website controlled by that person.
(3) After receiving a judicial officer's written request, a person may not transfer the judicial officer's personal information to any other person through any medium.
(c) Remedies. (1) Equitable relief. A judicial officer or family member whose personal information is made public as a result of a violation of this subchapter may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorneys’ fees.
(2) Private right of action. A judicial officer or family member who is aggrieved by a violation of this subsection may bring an action in any court of competent jurisdiction. A prevailing plaintiff in such action shall be awarded damages in an amount:
a. Not greater than 3 times the actual damages to the plaintiff; and
b. Not less than $10,000.
(3) Criminal penalties. Public posting or display of a judicial officer's personal information after receipt of a written request may result in criminal penalties under Title 11 where the statutory elements of a crime defined under that title are met.
(d) Affirmative defense. Nothing in this section shall be construed to limit or enlarge the protections that 47 U.S.C § 230 confers on an interactive computer service for content provided by another information content provider, as those terms are defined in 47 U.S.C. § 230.
Cite this article: FindLaw.com - Delaware Code Title 10. Courts and Judicial Procedure § 1923. Public display or public posting of a judicial officer's personal information by persons - last updated January 01, 2022 | https://codes.findlaw.com/de/title-10-courts-and-judicial-procedure/de-code-sect-10-1923/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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