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Law: Legislative Document 946 for An Act To Protect the Privacy of Online Customer Information ('the Act')

Regulator: The Maine Attorney General ('AG')

Summary: Privacy in Maine is not constitutionally recognised, but protected under common law, which recognises the four invasion of privacy claims. In particular, Maine common law recognises the claims of unreasonable intrusion upon the seclusion of an individual, appropriation of name or likeness, unreasonable publicity given to an individual's private life, and publicity that unreasonably places the individual in a false public light. In addition, the Act, which regulates the privacy of online consumer information, was signed into law on 6 June 2019, and entered into effect on 1 July 2020. Among other things, the Act establishes various restrictions on broadband providers such as the prohibition to use, sell, distribute, or permit access to, without having first obtained the customer's express consent, customer personal information for purposes other than providing the services offered. Moreover, Maine's data breach law ensures further protection of consumer data, and although individuals do not have a private right of action, the AG may bring enforcement actions against organisations, though companies often opt to settle rather than face investigation procedures.

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