Information only
Committee: Judicial Proceedings
SB0889
The Maryland Catholic Conference offers this statement of information for Senate Bill 889. The Catholic Conference is the public policy representative of the three (arch)dioceses serving Maryland, which together encompass over one million Marylanders. Statewide, their parishes, schools, hospitals and numerous charities combine to form our state’s second largest social service provider network, behind only our state government.
Senate Bill 889 would prohibit a person from distributing personal identifying information or images of a student enrolled in an institution of secondary education or an institution of postsecondary education with intent or knowledge that the information will be used to harm the student. Criminal liability would also exist in instances of reckless disregard for the risk the information will be used to harm the student. Such an offense could render a person criminally liable for a misdemeanor and subject them to imprisonment of up to one year, a fine of up to $5,000, or both.
The Church also serves approximately 50,000 students in over 150 PreK-12 Catholic schools in Maryland. While we greatly understand and appreciate keeping confidential personally identifying information of students and seek to safeguard the same under all applicable laws and policies, there are some situations in which the provisions of this legislative proposal could render school personal criminally liable in unwarranted instance.
For example, where a school might receive a subpoena that mandates response and the student whose information is being released expresses that doing so would cause them harm, the school personnel being held criminally liable would be unwarranted.
The school is obligated to provide the information anyway and shouldn’t face threat of criminal prosecution for doing so. Thus, we respectfully request an amendment that expressly permits disclosures “as otherwise required by law.” Thank you for your consideration.