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Can I use third-party email marketing tools that collect personal information in Maine? What are the requirements?

Third-Party Email Marketing Tools and Personal Information Collection in Maine

Based on the context documents, Maine law prohibits the sale or disclosure of any customer proprietary network information or any other customer proprietary information of any wireless telephone service customer or user, 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 [3.1]. It is also a violation of Maine law for an unauthorized person to release or use an individual’s personal information acquired through a security breach [1.1]. Personal information is defined as 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: social security number, driver’s license number or state identification card number, account number, credit card number or debit card number, account passwords or personal identification numbers or other access codes, or 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 [1.2].

Moreover, Maine law requires public entities that have a publicly accessible site on the Internet associated with it to develop a policy regarding its practices relating to personal information and shall post notice of those practices on its publicly accessible site on the Internet. The policy must include a description of the personal information collected on the publicly accessible site on the Internet, a summary of how the personal information is used by the public entity and the circumstances under which it may be disclosed to others, the extent to which the user has a choice of whether to provide personal information via the publicly accessible site on the Internet and the consequences of refusing to give that information, the procedures, if any, by which the user may request access to that user’s personal information and request correction of that information, and the steps taken to protect personal information from misuse or unauthorized access [5.1][5.2].

However, it is unclear from the context documents whether using third-party email marketing tools that collect personal information is allowed in Maine. Maine law prohibits the use, disclosure, sale, or permit access to customer personal information by a provider of broadband Internet access service, except as provided in subsections 3 and 4, Title 16, chapter 3, subchapters 10 and 11 and 18 United States Code, Section 2703 [2.1]. The law also requires providers to take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access [2.1]. Providers must provide a clear, conspicuous, and nondeceptive notice at the point of sale and on the provider’s publicly accessible website of the provider’s obligations and a customer’s rights under this section [2.1].

Therefore, it is recommended to consult with a legal professional to ensure compliance with Maine law when using third-party email marketing tools that collect personal information.

Source(s):
Jurisdiction

Maine