Can I collect device information from participants in Maryland? What are the requirements?

Based on the additional context documents, it is still unclear what type of device information you are referring to. However, if you are referring to skills-based amusement devices, then you may be required to register with the Commission every other year if the device awards prizes other than the award of free play. The registration process requires providing information such as the name and address of the owner of the device, the address of the location where the device is operated, and a total count of the devices in operation with an indication of the type of device ^[2.1].

If you are referring to health information, then you may be subject to the requirements outlined in MDCR 10.25.18.12, which governs the electronic access to health information by health care consumers through an HIE in Maryland. Under this regulation, an HIE or its third party that offers health care consumers electronic access to view, download, transmit, submit, or control their health information shall follow certain requirements, such as appropriately verifying the identity of the health care consumer requesting electronic access, implementing authentication processes for health care consumer electronic access, and establishing processes and procedures to allow a patient to authorize an individual to have electronic access to their information ^[3.2].

If you are not referring to either of the above, then it is unclear what specific requirements may apply. Please provide more information about the type of device information you are referring to.

Source(s):

• [2.1] Registration.
• [3.2] Requirements for Providing Health Care Consumers Electronic Access to Their Health Information.

Jurisdiction

Maryland

• Privacy