Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I sell personal information without obtaining consent in Maine? What are the requirements?

Selling Personal Information in Maine

Based on the context documents, it is a violation of Maine law to release or use an individual’s personal information acquired through a security breach without authorization [1.1]. Additionally, library records containing personally identifying information or information that identifies a library patron’s use of library materials are confidential and may only be released with the express written permission of the patron, to library officers, employees, volunteers, and agents to the extent necessary for library administrative purposes, or as the result of a court order [2.1].

Furthermore, Maine law requires notification to residents if personal information has been or is reasonably believed to have been acquired by an unauthorized person due to a security breach [1.3]. The notification must be made as expediently as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement 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. If there is no delay of notification due to law enforcement investigation, the notices must be made no more than 30 days after the person identified becomes aware of a breach of security and identifies its scope.

According to the definitions provided in [1.2], an “information broker” is defined as 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. However, there are no provisions in the context documents that allow for the sale of personal information without obtaining consent. Therefore, it is recommended that you obtain consent before selling personal information in Maine.

In case of violation of the law, the appropriate state regulators within the Department of Professional and Financial Regulation shall enforce this chapter for any person that is licensed or regulated by those regulators. The Attorney General shall enforce this chapter for all other persons [1.4]. A person that violates this chapter commits a civil violation and is subject to one or more of the following: a fine of not more than $500 per violation, up to a maximum of $2,500 for each day the person is in violation of this chapter, equitable relief, or enjoinment from further violations of this chapter [1.4].

Source(s):
Jurisdiction

Maine