Key Provisions on Mugshots and Booking Photographs

Under the bill, booking photographs—commonly known as mugshots—remain public records, but accessing them comes with new requirements designed to prevent abuse:

• In-Person Requests Only: Requests must be made in person at the law enforcement agency holding the record. No more bulk or remote requests that allow sites to scrape thousands of photos at once.
• Separate Requests for Each Photo: You can't request multiple mugshots in one go; each must be handled individually.
• Identification of Individuals: Requesters must provide the first and last name of the person depicted in each photo.
• Notarized Statement Required: A sworn, notarized affidavit must accompany the request, affirming that the photo will not be posted on a website requiring payment or other consideration for removal or deletion.

These steps create a barrier for commercial entities but preserve access for individuals, media, or others with valid needs.

Provisions on Law Enforcement Videos

The bill extends similar protections to law enforcement videos, such as body camera or dash cam footage:

• Requests must also be in person, with identification of all individuals depicted by first and last name.
• The same notarized statement is required, ensuring the video won't be misused for profit-driven schemes.
• The in person requests excludes the person in the mugshot or video and their attorneys.

This is particularly relevant in cases involving arrests, like DUIs or other criminal matters, where video evidence can be sensitive and easily exploited online.

Why This Matters for Georgians

For many of our clients, an arrest is a one-time event, but the digital footprint of a mugshot can haunt them forever. Job applications, housing searches, and even social relationships suffer when these images are plastered across the internet. SB 482 addresses this by shifting the balance toward privacy without fully closing off public access. Supporters, including Sen. Strickland, emphasize that innocent people—or those whose cases are resolved favorably—shouldn't have their images "follow them forever."

However, critics from groups like the Georgia First Amendment Foundation argue that the requirements could hinder journalists and the public from scrutinizing law enforcement, potentially creating "significant new barriers" to transparency. As defense lawyers, we support measures that protect our clients' rights and reputations, but we'll be monitoring how this bill evolves to ensure it doesn't unduly restrict access to evidence that could aid in defenses.