HP0438, LD 619, item 1, An Act To Prohibit the Sharing of Personal Information by State Agencies

An Act To Prohibit the Sharing of Personal Information by State Agencies

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 1 MRSA §541, sub-§1, as enacted by PL 2001, c. 321, Pt. B, §1, is amended to read:

1. Personal information. "Personal information" means information about a natural person that readily identifies that specific person. "Personal information" includes, but is not limited to:

A. Home address;

B. Home telephone number;

C. Home facsimile number;

D. Personal e-mail address;

E. Personal cellular telephone number; and

F. Personal pager number.

Sec. 2. 1 MRSA §542, first ¶, as enacted by PL 2001, c. 321, Pt. B, §1, is amended to read:

Each public entity that has a publicly accessible site on the Internet associated with it shall develop a policy regarding its practices relating to personal information consistent with the requirements of section 543 and shall post notice of those practices on its publicly accessible site on the Internet. The policy must include:

Sec. 3. 1 MRSA §543 is enacted to read:

§ 543. Sharing of personal information

1. Indication of confidentiality. A public entity that collects or receives an individual's personal information shall allow the individual to indicate that the individual's personal information is confidential and not to be disclosed without the individual's consent.

2. Confidential information. If an individual indicates that the individual's personal information provided by the individual is confidential as provided in subsection 1, that information is confidential and may not be disclosed without the individual's consent.

3. Exception. Personal information designated confidential under this section is not confidential to the employees of the public entity for use for the purposes collected or received.

Sec. 4. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 1, chapter 14-A, in the chapter headnote, the words "notice of information practices" are amended to read "information practices" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.

summary

This bill requires all public entities to treat an individual's personal information as confidential if requested by the individual. "Personal information" includes but is not limited to the home address, home telephone number, home facsimile number, personal e-mail address, personal cellular telephone number and personal pager number of an individual.

HP0438 LD 619	Session - 126th Maine Legislature		LR 1237 Item 1
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