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SB 889

Criminal Law - Distribution of Students' Personal Information - Prohibition

2025 Regular Session Introduced by Shaneka Henson

SB 889 makes it illegal to distribute a student’s personal information or image without permission when done with intent, knowledge, or reckless disregard that it will harm the stu

Hearing 2/26 at 1:00 p.m.
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Bill Summary · SB 889

SB 889 — Criminal Law: Prohibition on Distribution of Students’ Personal Information

Status: Hearing scheduled 2/26 at 1:00 p.m.
Introduced: January 2025 (Maryland) — Sponsor: Senator Henson
Effective date (as drafted): October 1, 2025

Main purpose

SB 889 creates a new criminal prohibition on intentionally distributing a student’s personal identifying information or image without permission when the distributor intends, knows, or acts with reckless disregard that the information will be used to harm the student. The statute is aimed at reducing doxxing, online harassment, and other misuse of student data that can cause physical, emotional, or economic harm.

Key provisions

  • Prohibition: It is unlawful to intentionally distribute the personal identifying information or image of a student enrolled in a secondary (grades 6–12) or postsecondary institution:
    • Without the express permission of the student (or, if the student is under 18, the parent or guardian); and
    • With intent or knowledge, or with reckless disregard, that the information will be used to harm the student.
  • “Distribute” is defined broadly to include giving, selling, transferring, disseminating, publishing, uploading, circulating, broadcasting, making available, allowing access to, or any other form of transmission, electronic or otherwise.
  • “Harm” is defined as physical injury, severe emotional distress, or economic damages.
  • “Personal identifying information” enumerates many data elements, including name, address, telephone number, driver’s license number, Social Security number, employment identifiers, health insurance/medical ID numbers, mother’s maiden name, bank/financial account numbers, date of birth, personal identification numbers, biometric data (fingerprint, voiceprint, retina/iris image), digital signature, credit card/payment device numbers, school address, and images.
  • Penalty: Violation is a misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $5,000.
  • Free speech carve-out: The bill provides that it may not be construed or applied in a way that violates U.S. Constitutional or Maryland Declaration of Rights free speech protections.

Who is affected

  • Students (K–12 and postsecondary) as potential victims whose identifying information or images are protected.
  • Individuals or entities that publish, post, or otherwise transmit students’ personal information (including third parties, social media users, and publishers).
  • Parents/guardians (consent role for minors).
  • Law enforcement, courts, and school authorities for enforcement and prosecutions.

Enforcement, fiscal, and procedural notes

  • Classified as a misdemeanor; fines and possible jail time create modest potential increases in court fine revenue and limited incarceration costs per the fiscal analysis.
  • The bill supplements existing identity fraud and electronic-communication statutes; it targets distribution specifically tied to foreseeable harm to students.
  • Drafted effective October 1, 2025.

Implementation considerations

  • Broad definition of “distribute” and enumerated data elements could capture a wide range of online sharing — enforcement may require case-by-case assessment of intent/reckless disregard and whether the sharing is protected speech.
  • Schools, parents, and platforms may need to consider policies and notice procedures to reduce unlawful sharing of students’ information.

If you want, I can prepare a one-page factsheet for parents and schools summarizing rights, prohibited conduct, and recommended mitigation steps.

Compiled from official sources — confirm details with the bill’s official record.

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