Law: Legislative Document 946 for An Act To Protect the Privacy of Online Customer Information ('the Act')

Regulator: The Maine Attorney General ('AG')

Summary: Although privacy in Maine is not constitutionally recognized, rights are protected under common law which recognizes the four invasion of privacy claims. Specifically, Maine common law recognizes the claims of unreasonable intrusion upon the seclusion of an individual, appropriation of name or likeness, unreasonable publicity given to an individual's private life, and publicity that unreasonably places the individual in a false public light.

In addition, on June 6, 2019, the Legislative Document 946 for An Act to Protect the Privacy of Online Customer Information (the Act), which regulates the privacy of online consumer information, was signed into law and entered into effect on July 1, 2020. The Act establishes various restrictions on broadband providers, including the prohibition to use, sell, distribute, or permit access to, without having first obtained the customer's express consent, customers' personal information for purposes other than providing the services offered. Moreover, Maine's Data Breach Law §1346 et seq. of Chapter 210-B of Part 3 of Title 10 of the Maine Revised Statutes ensures further protection of consumer data, and although individuals do not have a private right of action, the Maine Attorney General (AG) may bring enforcement actions against organizations.

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