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June 7, 2019

Mills signs online privacy bill, one of nation's strictest

Maine governor Janet Mills and state Sen. Shenna Bellows Courtesy/Office of Gov. Janet Mills Gov. Janet Mills with state Sen. Shenna Bellows, D-Manchester, at Thursday's signing of LD 946, "An Act to Protect the Privacy of Online Customer Information."

Gov. Janet Mills on Thursday signed what some see as the nation's strictest Internet privacy bill, set to take effect on July 1, 2020.

LD 946, “An Act To Protect the Privacy of Online Customer Information,” sponsored by Sen. Shenna Bellows. D-Manchester, prevents the use, sale or distribution of a customer’s personal information by internet providers without the express consent of the customer.

“Maine people value their privacy, online and off,” Mills said in a news release emailed Thursday afternoon. “The internet is a powerful tool, and as it becomes increasingly intertwined with our lives, it is appropriate to take steps to protect the personal information and privacy of Maine people. "

With this common-sense law," she added, "Maine people can access the internet with the knowledge and comfort that their personal information cannot be bought or sold by their [Internet service providers] without their express approval.”

Noting the importance of online privacy in Maine and nationwide, Bellows said that "Mainers need to be able to trust that the private data they send online won’t be sold or shared without their knowledge."

She added: “This law makes Maine first and best in the nation in protecting consumer privacy online.”

Under the measure, broadband providers are barred from using, disclosing, selling or permitting access to customer personal information unless the customer expressly consents to that use, disclosure, sale or access. 

Personal information as defined in the new law includes a customer's web browsing and application usage history, precise location, financial and health information, information pertaining to the customer's children, a customer's device identifier, the content of communications and the origin and destination Internet protocol addresses.

In cases where a customer gives his or her express, affirmative consent to use, disclose, sell or access his or her personal information, the internet service provider is allowed to do so.

But providers may not refuse to serve a customer that does not provide consent, or charge a penalty or discount based on the customer's decision.

Maine is among the first states to follow California in passing a strict online privacy measure, and is seen by some advocates as going even further than the Golden State.

Maine's bill garnered bipartisan support and unanimous approval in the state Senate.

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