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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 210-B. NOTICE OF RISK TO PERSONAL DATA (HEADING. PL 2005, c. 379, @1 (new))
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Title 10 - §1346. Short title (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA (HEADING: PL 2005, c. 379, @1 (new))
§1346. Short title (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE 13106)
div>
This chapter may be known and cited as "the Notice of Risk to Personal Data Act."
[2005, c. 379, §1 (new); §4 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1347. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA (HEADING: PL 2005, c. 379, @1 (new))
§1347. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE 13106)
div>
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[2005, c. 379, §1 (new); §4 (aff).]
1. Breach of the security of the system. "Breach of the security of the system" or "security breach" means unauthorized acquisition of an individual's computerized
data that compromises the security, confidentiality or integrity of personal information of the individual maintained by an
information broker. Good faith acquisition of personal information by an employee or agent of an information broker for the
purposes of the information broker is not a breach of the security of the system if the personal information is not used for
or subject to further unauthorized disclosure.
[2005, c. 379, §1 (new); §4 (aff).]
2. Encryption. "Encryption" means the disguising of data using generally accepted practices.
[2005, c. 379, §1 (new); §4 (aff).]
3. Information broker. "Information broker" means a person who, for monetary fees or dues, engages in whole or in part in the business of collecting,
assembling, evaluating, compiling, reporting, transmitting, transferring or communicating information concerning individuals
for the primary purpose of furnishing personal information to nonaffiliated 3rd parties. "Information broker" does not include
a governmental agency whose records are maintained primarily for traffic safety, law enforcement or licensing purposes.
[2005, c. 379, §1 (new); §4 (aff).]
4. Notice. "Notice" means:
A. Written notice;
[2005, c. 379, §1 (new); §4 (aff).]
B. Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set
forth in 15 United States Code, Section 7001; or
[2005, c. 379, §1 (new); §4 (aff).]
C. Substitute notice, if the information broker demonstrates that the cost of providing notice would exceed $5,000, that the
affected class of individuals to be notified exceeds 1,000 or that the information broker does not have sufficient contact
information to provide written or electronic notice to those individuals. Substitute notice must consist of all of the following:
(1) E-mail notice, if the information broker has e-mail addresses for the individuals to be notified;
(2) Conspicuous posting of the notice on the information broker's publicly accessible website, if the information broker
maintains one; and
(3) Notification to major statewide media.
[2005, c. 379, §1 (new); §4 (aff).]
[2005, c. 379, §1 (new); §4 (aff).]
5. Person. "Person" means an individual, partnership, corporation, limited liability company, trust, estate, cooperative, association
or other entity. "Person" as used in this chapter may not be construed to require duplicative notice by more than one individual,
corporation, trust, estate, cooperative, association or other entity involved in the same transaction.
[2005, c. 379, §1 (new); §4 (aff).]
6. Personal information. "Personal information" means an individual's first name, or first initial, and last name in combination with any one or
more of the following data elements, when either the name or the data elements are not encrypted or redacted:
A. Social security number;
[2005, c. 379, §1 (new); §4 (aff).]
B. Driver's license number or state identification card number;
[2005, c. 379, §1 (new); §4 (aff).]
C. Account number, credit card number or debit card number, if circumstances exist wherein such a number could be used without
additional identifying information, access codes or passwords;
[2005, c. 379, §1 (new); §4 (aff).]
D. Account passwords or personal identification numbers or other access codes; or
[2005, c. 379, §1 (new); §4 (aff).]
E. Any of the data elements contained in paragraphs A to D when not in connection with the individual's first name, or first
initial, and last name, if the information if compromised would be sufficient to permit a person to fraudulently assume or
attempt to assume the identity of the person whose information was compromised.
[2005, c. 379, §1 (new); §4 (aff).]
"Personal information" does not include publicly available information that is lawfully made available to the general public
from federal, state or local government records or widely distributed media.
[2005, c. 379, §1 (new); §4 (aff).]
7. System. "System" means a computerized data storage system containing personal information.
[2005, c. 379, §1 (new); §4 (aff).]
8. Unauthorized person. "Unauthorized person" means a person who does not have authority or permission of an information broker to access personal
information maintained by the information broker or who obtains access to such information by fraud, misrepresentation, subterfuge
or similar deceptive practices.
[2005, c. 379, §1 (new); §4 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1348. Security breach notice requirements (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA (HEADING: PL 2005, c. 379, @1 (new))
§1348. Security breach notice requirements (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE 13106)
1. Notification to residents. An information broker that maintains computerized data that includes personal information shall give notice of a breach
of the security of the system following discovery or notification of the security breach to a resident of this State whose
personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The notice must be made
as expediently as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement pursuant
to subsection 3 or with measures necessary to determine the scope of the security breach and restore the reasonable integrity,
security and confidentiality of the data in the system.
[2005, c. 379, §1 (new); §4 (aff).]
2. Notification to information broker. A person that maintains, on behalf of an information broker, computerized data that includes personal information that the
person does not own shall notify the information broker of a breach of the security of the system immediately following discovery
if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
[2005, c. 379, §1 (new); §4 (aff).]
3. Delay of notification for law enforcement purposes. The notification required by this section may be delayed if a law enforcement agency determines that the notification will
compromise a criminal investigation; the notification required by this section must be made after the law enforcement agency
determines that it will not compromise the investigation.
[2005, c. 379, §1 (new); §4 (aff).]
4. Notification to consumer reporting agencies. If an information broker discovers a breach of the security of the system that requires notification to more than 1,000
persons at a single time, the information broker shall also notify, without unreasonable delay, consumer reporting agencies
that compile and maintain files on consumers on a nationwide basis, as defined in 15 United States Code, Section 1681a(p).
[2005, c. 379, §1 (new); §4 (aff).]
5. Notification to state regulators. When notice of a breach of the security of the system is required under subsection 1, the information broker shall notify
the appropriate state regulators within the Department of Professional and Financial Regulation, or if the information broker
is not regulated by the department, the Attorney General.
[2005, c. 379, §1 (new); §4 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1349. Enforcement; penalties (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA (HEADING: PL 2005, c. 379, @1 (new))
§1349. Enforcement; penalties (CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
p align="center">(WHOLE SECTION TEXT EFFECTIVE 13106)
1. Enforcement. The appropriate state regulators within the Department of Professional and Financial Regulation shall enforce this chapter
for any information broker that is licensed or regulated by those regulators. The Attorney General shall enforce this chapter
for all other information brokers.
[2005, c. 379, §1 (new); §4 (aff).]
2. Civil violation. An information broker that violates this chapter commits a civil violation and is subject to one or more of the following:
A. A fine of not more than $500 per violation, up to a maximum of $2,500 for each day the information broker is in violation
of this chapter;
[2005, c. 379, §1 (new); §4 (aff).]
B. Equitable relief; or
[2005, c. 379, §1 (new); §4 (aff).]
C. Enjoinment from further violations of this chapter.
[2005, c. 379, §1 (new); §4 (aff).]
[2005, c. 379, §1 (new); §4 (aff).]
3. Cumulative effect. The rights and remedies available under this section are cumulative and do not affect or prevent rights and remedies available
under federal or state law.
[2005, c. 379, §1 (new); §4 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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