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Proposed Maine Privacy Law

Created on June 22, 2020

Demand Generation Manager, Exterro

Why This Privacy Law is Important: Maine will become one more state that is regulating online data with the passing of “An Act to Protect the Privacy of Online Customer Information.” More narrow in its focus than CCPA, this bill focuses entirely on user data collected by internet service providers.

Overview/Status of Bill: The proposed bill states that internet service providers “may not use, disclose, sell, or permit access to customer personal information,” without receiving affirmative consent from the customer. This new legislation also gives consumers the right to revoke consent for the use of their personal information at any time without penalty by the service provider. Internet service providers are also not allowed to refuse service if consent is not given by a customer, and they aren’t allowed to provide a discount or incentive to entice consent.

Need to Know Information:

Who it Applies To: The Maine Privacy Law applies to providers of Internet access services that provide internet services to customers “that are physically located and billed for service received in the State.”

What is Covered: Customer’s name, billing info, Social Security number, demographic data, web browsing and application usage history, geolocation info, financial and health data, info relating to the customer’s children, device identifiers, the origin and destination of IP addresses, and the content of the customer’s communications.

How to Comply: The internet service provider must provide at the point of sale and on their website a “clear, conspicuous and non-deceptive notice” of the internet service provider’s obligations and the customer’s rights.

Potential Penalties: At this point in time it is yet to be determined who will enforce the law and what penalties will be imposed.