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Can I skip obtaining consent to disclose personal information for a business purpose in Maine? What are the requirements?

Based on the context documents, obtaining consent is required to disclose personal information for a business purpose in Maine. Maine law prohibits the release or use of personal information acquired through a security breach by an unauthorized person [1.1]. Additionally, Maine law requires that a disclosure statement accurately, clearly, and concisely state the official name, address, and principal place of business of the seller and any affiliated person, among other requirements [2.2]. If you maintain computerized data that includes personal information and become aware of a breach of the security of the system, you must conduct a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and give notice of a breach of the security of the system following discovery or notification of the security breach to a resident of Maine whose personal information has been, or is reasonably believed to have been, acquired by an unauthorized person [1.2].

Additional Information

The following documents provide additional information related to the query:

  • Printed notice: The information contained in a disclosure statement has not been verified by the State of Maine. The State has not reviewed and does not approve or endorse any business opportunity. The disclosure statement contains information which should be carefully read before agreeing to purchase a business opportunity [2.1].
  • Disclosure and use of confidential information: Any confidential information provided to a state agency, department, or licensing board shall be used only for investigative and other action within the scope of the authority of that agency, department, or licensing board and to determine whether the employee or the person licensed, certified, or registered by the board has engaged in unlawful activity, professional misconduct, or activities in violation of the laws or rules relating to the board [3.1].
  • When disclosure statement must be provided: Seller shall provide all purchasers with a disclosure statement meeting the requirements of this chapter at the earliest of: at least 72 hours before the purchaser signs a business opportunity agreement; at least 72 hours before the purchaser makes payment of any consideration in connection with the sales or proposed sale of the business opportunity; or the first face-to-face meeting between the seller and the purchaser that is held for the purpose of discussing the sale or proposed sale of a business opportunity [2.3].
  • Confidentiality of library records: A record maintained by any public library, the Maine State Library, the Law and Legislative Reference Library, or a library of the University of Maine System, the Maine Community College System, or the Maine Maritime Academy is confidential if the record contains a library patron’s personally identifying information or information that identifies a library patron as having requested, obtained, or used books or other materials in any medium at the library or provided by the library. A record designated confidential may be released only with the express written permission of the library patron involved; to officers, employees, volunteers, and agents of the library to the extent necessary for library administrative purposes; or as the result of a court order [4.1].
  • Definitions: “Breach of the security of the system” or “security breach” means unauthorized acquisition, release, or use of an individual’s computerized data that includes personal information that compromises the security, confidentiality, or integrity of personal information of the individual maintained by a person. Good faith acquisition, release, or use of personal information by an employee or agent of a person on behalf of the person is not a breach of the security of the system if the personal information is not used for or subject to further unauthorized disclosure to another person [1.3].

Therefore, based on the context documents and additional information, obtaining consent is required to disclose personal information for a business purpose in Maine.

Source(s):
Jurisdiction

Maine