By: Linda L. Goodman
Last week, the Governor of Maine, Janet Mills, signed the Act to Protect the Privacy of Online Consumer Information into law. Now that the law has been signed, it will become effective on July 1, 2020. This law is a more restrictive opt-in privacy protections than the California version that provides the consumer the opt-out right.
This new law prohibits any internet service provider in Maine from using, selling, disclosure or sharing consumer information without express written consent and will bar the provider from penalizing a consumer or offering a discount in order to pressure a consumer into allowing the provider to sell or use the consumer data. There is also basic disclosures and information security requirements.
There are limited exceptions to the new law where the provider can use the consumer information without consent. Provide the service from which the customer personal information is derived or for the services necessary to the provision of such service. Advertise or market the provider’s communications-related services to the customer. Comply with a lawful court order. Collect payment for the internet service. Protect users from fraud. And to provide location information to assist in the delivery of emergency services.
The law defines what customer personal information as name, billing information and billing address, social security number, demographic data, information derived from the customer’s use of broadband internet access services, such as web browsing history, application usage history, geolocation, financial and health information, information pertaining to the customer’s children, device identifier (such as IP addresses or international mobile equipment identity), and the content of the customer’s communications.
The law does not address enforcement, but it could be enforced by the attorney general under the Maine Unfair Trade Practices Act, which allows the attorney general to bring an action in the name of the state to enjoin practices that appear to be unlawful.
For more information and to view the full bill, go to the website here:
http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0275&item=1&snum=129
For more information, see here: https://www.maine.gov/governor/mills/news/governor-mills-signs-internet-privacy-legislation-2019-06-06
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This article was originally posted on Cliclaw.com as part of my ongoing efforts to share valuable legal insights. I regularly contribute guest blogs to leading websites in the field of internet compliance. In these posts, I cover a range of topics to help businesses stay compliant in the ever-evolving digital world. You can read my latest guest contributions on Cliclaw.com.
This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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