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

Use of Third-Party Social Media Tools in Maine

According to the documents provided, Maine has strict laws regarding the release or use of personal information acquired through a security breach [1.1]. Additionally, Maine has regulations in place to protect the privacy of broadband internet access service customer personal information [3.1].

However, there is no specific information regarding the use of third-party social media tools that collect personal information in Maine. It is recommended that you review the terms and conditions of the third-party social media tools you wish to use to determine if they comply with Maine’s privacy laws and regulations.

If you are collecting personal information through these tools, it is important to take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access [3.1].

Requirements for Collecting Personal Information in Maine

If you are collecting personal information in Maine, it is important to comply with the state’s privacy laws and regulations. The Privacy of Broadband Internet Access Service Customer Personal Information law prohibits providers from using, disclosing, selling, or permitting access to customer personal information without customer consent, except as provided in the law [3.1].

Providers may use, disclose, sell, or permit access to customer personal information if the customer gives express, affirmative consent to such use, disclosure, sale, or access. Providers may not refuse to serve a customer who does not provide consent, or charge a customer a penalty or offer a customer a discount based on the customer’s decision to provide or not provide consent [3.1].

Providers must take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access [3.1]. Providers must also 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 the law [3.1].

Prohibitions and Exceptions

Maine law prohibits employers from requiring or coercing employees or applicants to disclose personal social media account information, including passwords, or to access personal social media accounts in the presence of the employer or an agent of the employer [2.1]. Employers may not require or cause employees or applicants to add anyone, including the employer or an agent of the employer, to the employee’s or applicant’s list of contacts associated with a personal social media account, or to alter settings that affect a third party’s ability to view the contents of a personal social media account [2.1]. Employers may not discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize an employee for refusing to disclose or provide access to information as specified in subsection 1, 2, or 3, or for refusing to add anyone to the employee’s list of contacts associated with a personal social media account as specified in subsection 4, or to alter the settings associated with a personal social media account as specified in subsection 5 [2.1]. Employers may not fail or refuse to hire an applicant as a result of the applicant’s refusal to disclose or provide access to information specified in subsection 1, 2, or 3, or refusal to add anyone to the applicant’s list of contacts associated with a personal social media account as specified in subsection 4, or to alter the settings associated with a personal social media account as specified in subsection 5 [2.1].

However, there are exceptions to these prohibitions. The law does not apply to information about an applicant or employee that is publicly available [2.2]. The law also does not prohibit or restrict an employer from complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications that is established by a self-regulatory organization or under state or federal law, regulation, or rule to the extent necessary to supervise communications of regulated financial institutions or insurance or securities licensees for banking-related, insurance-related, or securities-related business purposes [2.2]. The law does not prohibit or restrict an employer from requiring an employee to disclose personal social media account information that the employer reasonably believes to be relevant to an investigation of allegations of employee misconduct or a workplace-related violation of applicable laws, rules, or regulations if requiring the disclosure is not otherwise prohibited by law, as long as the information disclosed is accessed and used solely to the extent necessary for purposes of that investigation or a related proceeding [2.2].

Conclusion

While there is no specific information regarding the use of third-party social media tools that collect personal information in Maine, it is important to comply with the state’s privacy laws and regulations when collecting personal information. It is recommended that you review the terms and conditions of the third-party social media tools you wish to use to determine if they comply with Maine’s privacy laws and regulations. Additionally, if you are collecting personal information, it is important to take reasonable measures to protect customer personal information from unauthorized use, disclosure, or access and to provide a clear notice of your obligations and a customer’s rights under the law. Maine law also prohibits employers from requiring or coercing employees or applicants to disclose personal social media account information, including passwords, or to access personal social media accounts in the presence of the employer or an agent of the employer, and there are exceptions to these prohibitions [2.1][2.2].

Source(s):
Jurisdiction

Maine