Privacy & Information Security Law Blog

On May 30, 2019, the Maine House and Senate passed a bill (L.D. 946) that will place restrictions on broadband Internet service providers from selling customer data without the customer’s affirmative consent. The bill will apply to providers operating within Maine in connection with the broadband Internet access services they provide to customers who are physically located and billed for service received in Maine.

On April 26, 2011, the United States Supreme Court heard oral argument in Sorrell v. IMS Health, a case concerning the constitutionality of a Vermont law that restricts access to prescription drug records.  Laws enacted by New Hampshire, Maine and Vermont prohibit pharmacies from selling prescriber-identifiable information in prescription records to third parties for marketing purposes.  The Supreme Court seeks to resolve a circuit split that resulted from legal challenges to the statutes in all three states.  Thomas Julin, partner at Hunton & Williams LLP, represents IMS Health ...

On September 9, 2009, the U.S. District Court for the District of Maine dismissed a lawsuit challenging the validity of the Act to Prevent Predatory Marketing Practices Against Minors (the “Act”), which is set to take effect on September 12, 2009.  The Act prohibits businesses from knowingly collecting or receiving a minor’s health-related information or personal information for marketing purposes without first obtaining verifiable parental consent.  Businesses are also prohibited from using any health-related information or personal information regarding a minor for ...

On September 12, 2009, Maine’s Act to Prevent Predatory Marketing Practices Against Minors (the “Act”) will take effect.  The Act prohibits businesses from knowingly collecting or receiving a minor’s health-related information or personal information for marketing purposes without first obtaining verifiable parental consent.  Businesses are also prohibited from using any health-related information or personal information regarding a minor for the purpose of marketing a product or service to the minor.  Pursuant to the Act, the use of information in such a manner is a ...

On May 19, Maine Governor John Baldacci signed legislation limiting the time that breach notification may be delayed following a determination by law enforcement that providing notice will not compromise a criminal investigation. The provision, which will take effect 90 days after the close of the Legislature's 2009 session (scheduled to occur on June 17), will limit the permissible delay to seven business days.

Pursuant to Maine's current breach notification law, entities that become aware of a breach "shall conduct in good faith a reasonable and prompt investigation to ...