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Can I share personal information about my customers with third parties in Maine? What are the requirements?
Based on the documents provided, the requirements for sharing personal information about customers with third parties in Maine depend on the type of personal information, the industry involved, and the customer’s consent.
Insurance Entities or Insurance Support Organizations
Insurance entities or insurance support organizations must provide customers with access to their recorded personal information and a summary of the procedures by which they may request correction, amendment, or deletion of recorded personal information. Insurance entities or insurance support organizations may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to consumers [1.1][1.2].
Providers of Broadband Internet Access Service
Providers of broadband internet access service may not use, disclose, sell, or permit access to customer personal information, except as provided in subsections 3 and 4, Title 16, chapter 3, subchapters 10 and 11 and 18 United States Code, Section 2703. Providers may use, disclose, sell, or permit access to customer personal information if the customer gives the provider express, affirmative consent to such use, disclosure, sale, or access. Providers may not refuse to serve a customer who does not provide consent, charge a customer a penalty, or offer a customer a discount based on the customer’s decision to provide or not provide consent. Providers may use, disclose, sell, or permit access to information the provider collects pertaining to a customer that is not customer personal information, except upon written notice from the customer notifying the provider that the customer does not permit the provider to use, disclose, sell, or permit access to that information [3.1].
Wireless Telephone Service Providers
A person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any wireless telephone service customer or user in Maine or any other customer proprietary information of any wireless telephone service customer or user in Maine, except as authorized or required by state or federal law, regulation, or rule, an order of an agency having regulatory authority over a wireless telephone service provider, or the wireless telephone service account holder. A person who violates this provision commits a Class D crime [4.1].
Unauthorized Release or Use of Personal Information
It is a violation of Maine law for an unauthorized person to release or use an individual’s personal information acquired through a security breach [2.1].
Correction, Amendment, or Deletion of Recorded Personal Information
Within 30 days after receiving a written request from an insurance consumer to correct, amend, or delete any recorded personal information within its possession about the consumer, a regulated insurance entity or insurance support organization shall either correct, amend, or delete the portion of the recorded personal information in dispute or notify the consumer of its refusal to make the requested correction, amendment, or deletion; the reasons for the refusal; and the consumer’s right to file a statement as provided in subsection 3. If the regulated insurance entity or insurance support organization corrects, amends, or deletes recorded personal information in accordance with subsection 1, paragraph B, the regulated insurance entity or insurance support organization shall notify the consumer in writing and furnish the correction, amendment, or fact of deletion to any person specifically designated by the consumer who may have, within the preceding 2 years, received that recorded personal information [1.2].
Confidential Information
Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator’s agent from an examination under Maine law of the records of a person are confidential and exempt from public inspection and disclosure [5.1].
Therefore, sharing personal information about customers with third parties in Maine is generally prohibited unless the customer gives express, affirmative consent or the provider is authorized by law to collect, retain, use, disclose, sell, or permit access to customer personal information. Insurance entities or insurance support organizations may charge a reasonable fee to cover the costs incurred in providing a copy of recorded personal information to consumers.
Source(s):
- [1.1] Access to recorded personal information
- [2.1] Release or use of personal information prohibited
- [1.2] Correction, amendment or deletion of recorded personal information
- [3.1] Privacy of broadband Internet access service customer personal information
- [4.1] Sale or disclosure of customer proprietary network information
- [5.1] Confidential information
Jurisdiction
Maine