Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
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- §1347-A. RELEASE OR USE OF PERSONAL INFORMATION PROHIBITED
- §1348. SECURITY BREACH NOTICE REQUIREMENTS 1 . Notification to residents.
- §1349. ENFORCEMENT; PENALTIES 1 . Enforcement.
- §1350-A. RULES; EDUCATION AND COMPLIANCE The following provisions govern rules and education and compliance. [2005, c. 583, §13 (NEW); 2005, c. 583, §14 (AFF).] 1
- §1350-B. REPORTING OF IDENTITY THEFT; MANDATORY POLICE REPORT AND POSSIBLE INVESTIGATION
- Chapter 211: INSOLVENT LAW §1351. INSOLVENT LAW
- Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES §1361. DEFINITIONS
- §1363. PROHIBITED CONDUCT The following are unfair methods of competition and unfair and deceptive practices. [1993, c. 195, §1 (NEW).] 1 . Damage to public.
| §1346. SHORT TITLE
This chapter may be known and cited as "the Notice of Risk to Personal Data Act." [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] SECTION HISTORY 2005, c. 379, §1 (NEW). 2005, c. 379, §4 (AFF). §1347. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] 1. Breach of the security of the system. "Breach of the security of the system" or "security breach" means unauthorized acquisition, release or use of an individual's computerized data that includes personal information that compromises the security, confidentiality or integrity of personal information of the individual maintained by a person. Good faith acquisition, release or use of personal information by an employee or agent of a person on behalf of the person is not a breach of the security of the system if the personal information is not used for or subject to further unauthorized disclosure to another person. [ 2009, c. 161, §1 (AMD); 2009, c. 161, §5 (AFF) .] 2. Encryption. "Encryption" means the disguising of data using generally accepted practices. [ 2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF) .] 3. Information broker. "Information broker" means a person who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated 3rd parties. "Information broker" does not include a governmental agency whose records are maintained primarily for traffic safety, law enforcement or licensing purposes. [ 2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF) .] 4. Notice. "Notice" means: A. Written notice; [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] B. Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 United States Code, Section 7001; or [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] C. Substitute notice, if the person maintaining personal information demonstrates that the cost of providing notice would exceed $5,000, that the affected class of individuals to be notified exceeds 1,000 or that the person maintaining personal information does not have sufficient contact information to provide written or electronic notice to those individuals. Substitute notice must consist of all of the following: (1) E-mail notice, if the person has e-mail addresses for the individuals to be notified; (2) Conspicuous posting of the notice on the person's publicly accessible website, if the person maintains one; and (3) Notification to major statewide media. [2005, c. 583, §2 (AMD); 2005, c. 583, §14 (AFF).] [ 2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF); 2005, c. 583, §2 (AMD); 2005, c. 583, §14 (AFF) .] 5. Person. "Person" means an individual, partnership, corporation, limited liability company, trust, estate, cooperative, association or other entity, including agencies of State Government, the University of Maine System, the Maine Community College System, Maine Maritime Academy and private colleges and universities. "Person" as used in this chapter may not be construed to require duplicative notice by more than one individual, corporation, trust, estate, cooperative, association or other entity involved in the same transaction. [ 2005, c. 583, §3 (AMD); 2005, c. 583, §14 (AFF) .] 6. Personal information. "Personal information" means an individual's first name, or first initial, and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: A. Social security number; [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] B. Driver's license number or state identification card number; [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] C. Account number, credit card number or debit card number, if circumstances exist wherein such a number could be used without additional identifying information, access codes or passwords; [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] D. Account passwords or personal identification numbers or other access codes; or [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] E. Any of the data elements contained in paragraphs A to D when not in connection with the individual's first name, or first initial, and last name, if the information if compromised would be sufficient to permit a person to fraudulently assume or attempt to assume the identity of the person whose information was compromised. [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] "Personal information" does not include information from 3rd-party claims databases maintained by property and casualty insurers or publicly available information that is lawfully made available to the general public from federal, state or local government records or widely distributed media. [ 2005, c. 583, §4 (AMD); 2005, c. 583, §14 (AFF) .] 7. System. "System" means a computerized data storage system containing personal information. [ 2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF) .] 8. Unauthorized person. "Unauthorized person" means a person who does not have authority or permission of a person maintaining personal information to access personal information maintained by the person or who obtains access to such information by fraud, misrepresentation, subterfuge or similar deceptive practices. [ 2005, c. 583, §5 (AMD); 2005, c. 583, §14 (AFF) .] SECTION HISTORY 2005, c. 379, §1 (NEW). 2005, c. 379, §4 (AFF). 2005, c. 583, §§1-5 (AMD). 2005, c. 583, §14 (AFF). 2009, c. 161, §1 (AMD). 2009, c. 161, §5 (AFF). §1347-A. RELEASE OR USE OF PERSONAL INFORMATION PROHIBITED It is a violation of this chapter for an unauthorized person to release or use an individual's personal information acquired through a security breach. [2009, c. 161, §2 (NEW); 2009, c. 161, §5 (AFF).] SECTION HISTORY 2009, c. 161, §2 (NEW). 2009, c. 161, §5 (AFF). §1348. SECURITY BREACH NOTICE REQUIREMENTS 1. Notification to residents. The following provisions apply to notification to residents by information brokers and other persons. A. If an information broker that maintains computerized data that includes personal information becomes aware of a breach of the security of the system, the information broker shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and shall give notice of a breach of the security of the system following discovery or notification of the security breach to a resident of this State whose personal information has been, or is reasonably believed to have been, acquired by an unauthorized person. [2005, c. 583, §6 (NEW); 2005, c. 583, §14 (AFF).] B. If any other person who maintains computerized data that includes personal information becomes aware of a breach of the security of the system, the person shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused and shall give notice of a breach of the security of the system following discovery or notification of the security breach to a resident of this State if misuse of the personal information has occurred or if it is reasonably possible that misuse will occur. [2005, c. 583, §6 (NEW); 2005, c. 583, §14 (AFF).] The notices required under paragraphs A and B must be made as expediently as possible and without unreasonable delay, consistent with the legitimate needs of law enforcement pursuant to subsection 3 or with measures necessary to determine the scope of the security breach and restore the reasonable integrity, security and confidentiality of the data in the system. [ 2005, c. 583, §14 (AFF); 2005, c. 583, §6 (RPR) .]
[ 2005, c. 583, §7 (AMD); 2005, c. 583, §14 (AFF) .] 3. Delay of notification; criminal investigation by law enforcement. If, after the completion of an investigation required by subsection 1, notification is required under this section, the notification required by this section may be delayed for no longer than 7 business days after a law enforcement agency determines that the notification will not compromise a criminal investigation. [ 2009, c. 161, §3 (AMD); 2009, c. 161, §5 (AFF) .] 4. Notification to consumer reporting agencies. If a person discovers a breach of the security of the system that requires notification to more than 1,000 persons at a single time, the person shall also notify, without unreasonable delay, consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 United States Code, Section 1681a(p). Notification must include the date of the breach, an estimate of the number of persons affected by the breach, if known, and the actual or anticipated date that persons were or will be notified of the breach. [ 2005, c. 583, §8 (AMD); 2005, c. 583, §14 (AFF) .] 5. Notification to state regulators. When notice of a breach of the security of the system is required under subsection 1, the person shall notify the appropriate state regulators within the Department of Professional and Financial Regulation, or if the person is not regulated by the department, the Attorney General. [ 2005, c. 583, §9 (AMD); 2005, c. 583, §14 (AFF) .] SECTION HISTORY 2005, c. 379, §1 (NEW). 2005, c. 379, §4 (AFF). 2005, c. 583, §§6-9 (AMD). 2005, c. 583, §14 (AFF). 2009, c. 161, §3 (AMD). 2009, c. 161, §5 (AFF). §1349. ENFORCEMENT; PENALTIES 1. Enforcement. The appropriate state regulators within the Department of Professional and Financial Regulation shall enforce this chapter for any person that is licensed or regulated by those regulators. The Attorney General shall enforce this chapter for all other persons. [ 2005, c. 583, §10 (AMD); 2005, c. 583, §14 (AFF) .] 2. Civil violation. A person that violates this chapter commits a civil violation and is subject to one or more of the following: A. A fine of not more than $500 per violation, up to a maximum of $2,500 for each day the person is in violation of this chapter, except that this paragraph does not apply to State Government, the University of Maine System, the Maine Community College System or Maine Maritime Academy; [2005, c. 583, §11 (AMD); 2005, c. 583, §14 (AFF).] B. Equitable relief; or [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] C. Enjoinment from further violations of this chapter. [2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF).] [ 2005, c. 583, §11 (AMD); 2005, c. 583, §14 (AFF) .]
[ 2005, c. 379, §1 (NEW); 2005, c. 379, §4 (AFF) .] 4. Exceptions. A person that complies with the security breach notification requirements of rules, regulations, procedures or guidelines established pursuant to federal law or the law of this State is deemed to be in compliance with the requirements of section 1348 as long as the law, rules, regulations or guidelines provide for notification procedures at least as protective as the notification requirements of section 1348. [ 2009, c. 161, §4 (AMD); 2009, c. 161, §5 (AFF) .] SECTION HISTORY 2005, c. 379, §1 (NEW). 2005, c. 379, §4 (AFF). 2005, c. 583, §§10-12 (AMD). 2005, c. 583, §14 (AFF). 2009, c. 161, §4 (AMD). 2009, c. 161, §5 (AFF). §1350-A. RULES; EDUCATION AND COMPLIANCE The following provisions govern rules and education and compliance. [2005, c. 583, §13 (NEW); 2005, c. 583, §14 (AFF).] 1. Rules. With respect to persons under the jurisdiction of the regulatory agencies of the Department of Professional and Financial Regulation, the appropriate state regulators within that department may adopt rules as necessary for the administration and implementation of this chapter. With respect to all other persons, the Attorney General may adopt rules as necessary for the administration and implementation of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [ 2005, c. 583, §13 (NEW); 2005, c. 583, §14 (AFF) .] 2. Education and compliance. The appropriate state regulators within the Department of Professional and Financial Regulation shall undertake reasonable efforts to inform persons under the department's jurisdiction of their responsibilities under this chapter. With respect to all other persons, the Attorney General shall undertake reasonable efforts to inform such persons of their responsibilities under this chapter. [ 2005, c. 583, §13 (NEW); 2005, c. 583, §14 (AFF) .] SECTION HISTORY 2005, c. 583, §13 (NEW). 2005, c. 583, §14 (AFF). §1350-B. REPORTING OF IDENTITY THEFT; MANDATORY POLICE REPORT AND POSSIBLE INVESTIGATION A person who knows or reasonably believes that the person's personal information has been misused in violation of Title 17-A, section 905-A may report the misuse and obtain a police report by contacting the local law enforcement agency that has jurisdiction over the person's actual residence or place of business. That law enforcement agency shall make a police report of the matter and provide the complainant with a copy of that report. At its discretion, the law enforcement agency may undertake an investigation of the matter or refer it to another law enforcement agency. If the suspected crime was committed in a jurisdiction outside of the State, the local law enforcement agency shall refer the report to the law enforcement agency where the suspected crime was committed. [2007, c. 634, §1 (NEW).] SECTION HISTORY 2007, c. 634, §1 (NEW). Chapter 211: INSOLVENT LAW
Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES §1361. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 195, §1 (NEW).] 1. Dealer. "Dealer" means a person located within this State who sells goods or solicits or advertises the sale of goods to the public. "Dealer" does not include receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court nor does it include public officers performing their duties as officers. [ 2011, c. 75, §1 (AMD); 2011, c. 75, §3 (AFF) .] 2. Distributor. "Distributor" means a person who sells or distributes goods to dealers of those goods. [ 1993, c. 195, §1 (NEW) .] 3. Franchise. "Franchise" means an oral or written arrangement for a definite or indefinite period pursuant to which a manufacturer grants to a dealer or distributor of goods a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marketing of goods and related services at wholesale, retail, by leasing or otherwise. [ 1993, c. 195, §1 (NEW) .] 4. Franchisee. "Franchisee" means a person, dealer or distributor of goods located within this State to whom a franchise is offered or granted. [ 2011, c. 75, §2 (AMD); 2011, c. 75, §3 (AFF) .] 5. Franchisor. "Franchisor" means a manufacturer who grants a franchise to a distributor or dealer of goods. [ 1993, c. 195, §1 (NEW) .] 6. Fraud. "Fraud" includes, in addition to its normal legal connotation, a misrepresentation, whether intentionally false or due to gross negligence, of a material fact, a promise or a representation not made honestly and in good faith and an intentional failure to disclose a material fact. [ 1993, c. 195, §1 (NEW) .] 7. Good faith. "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade as defined and interpreted in the Uniform Commercial Code, Title 11, section 1-1201, subsection (20). [ 2013, c. 2, §15 (COR) .] 8. Goods. "Goods" means residential, recreational, agricultural, farm, commercial or business equipment, machinery or appliances that use electricity, gas, wood, a petroleum product or a derivative of a petroleum product for operation. "Goods" does not include motor vehicles as defined in section 1171, subsection 11 and recreational vehicles as defined in section 1432, subsection 18-A. [ 2009, c. 562, §2 (AMD) .] 9. Manufacturer. "Manufacturer" means a person, partnership, firm, association, corporation or trust, resident or nonresident, who manufactures, assembles or imports goods for distribution through distributors or a partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by such an entity. [ 1993, c. 195, §1 (NEW) .] 10. Person. "Person" means a natural person, corporation, partnership, trust or other entity and, in the case of an entity, includes any other entity in which it has a majority interest or effective control as well as the individual officers, directors and other persons in active control of the activities of each entity. [ 1993, c. 195, §1 (NEW) .] 11. Sale. "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation or mortgage in any form, whether by transfer in trust or otherwise, of goods or interest in goods or of any franchise related to those goods and any option, subscription or other contract, solicitation looking to a sale or offer or attempt to sell in any form, whether spoken or written. A gift or delivery of goods or equipment or a franchise with respect to those goods or equipment, with or as a bonus on account of a sale, is deemed a sale of the goods, equipment or franchise. [ 1993, c. 195, §1 (NEW) .] SECTION HISTORY 1993, c. 195, §1 (NEW). 1997, c. 427, §1 (AMD). 2009, c. 562, §2 (AMD). 2011, c. 75, §§1, 2 (AMD). 2011, c. 75, §3 (AFF). RR 2013, c. 2, §15 (COR). §1362. CIVIL REMEDIES A dealer, distributor or franchisee who has been damaged by violation of this chapter may bring an action to enjoin the violation and to recover damages arising from the violation. A final judgment, order or decree rendered against a person in a civil, criminal or administrative proceeding under the federal antitrust laws, the Federal Trade Commission Act, this chapter or any other state law is regarded as prima facie evidence against that person, subject to the conditions under the federal antitrust laws, 15 United States Code, Section 16. [1993, c. 195, §1 (NEW).] SECTION HISTORY 1993, c. 195, §1 (NEW). §1363. PROHIBITED CONDUCT The following are unfair methods of competition and unfair and deceptive practices. [1993, c. 195, §1 (NEW).] 1. Damage to public. It is unlawful for a manufacturer, distributor or dealer to engage in an action that is arbitrary, in bad faith or unconscionable and that causes damage to another manufacturer, distributor or dealer or to the public. [ 1993, c. 195, §1 (NEW) .] 2. Coercion involving deliveries and orders. It is unlawful for a manufacturer or an officer, agent or other representative of a manufacturer to coerce or attempt to coerce a dealer or distributor: A. To order or accept delivery of goods or parts or accessories for goods or other commodities that the distributor or dealer has not voluntarily ordered; or [1993, c. 195, §1 (NEW).] B. To order goods or a commodity for a person. [1993, c. 195, §1 (NEW).] [ 1993, c. 195, §1 (NEW) .] 3. Certain interference in business. It is unlawful for a manufacturer or an officer, agent or other representative of a manufacturer: A. To coerce or attempt to coerce a distributor or dealer to enter into an agreement with that manufacturer or officer, agent or other representative or to act in a manner that is prejudicial to a distributor or dealer by threatening to cancel a franchise or a contractual agreement between the manufacturer and the distributor or dealer. However, notice in good faith to a distributor or dealer of violation of any terms or provisions of a franchise or contractual agreement does not constitute a violation of this chapter; [1993, c. 195, §1 (NEW).] B. To cancel, terminate, fail to renew or refuse to continue a franchise relationship with a distributor or dealer, notwithstanding the terms, provisions or conditions of an agreement or franchise or the terms or provisions of a waiver, unless a manufacturer: (1) Has satisfied the notice requirement of section 1366; (2) Has acted in good faith as defined in this chapter; and (3) Has good cause for the cancellation, termination, nonrenewal or noncontinuance; or [1993, c. 195, §1 (NEW).] C. To terminate, fail to renew or refuse to continue any franchise relationship with a distributor or dealer, notwithstanding the terms, provisions or conditions of an agreement or franchise or the terms or provisions of a waiver, without good cause. The manufacturer has good cause for a termination, cancellation, nonrenewal or noncontinuance as follows. (1) Failure by the distributor or dealer to comply with a provision of the franchise agreement that is reasonable and of material significance to the franchise relationship when the manufacturer first acquired actual or constructive knowledge of the failure not more than 180 days before the date on which written notification is given pursuant to section 1366 is good cause. (2) If the failure by the distributor or dealer, as set forth in subparagraph (1), relates to the performance by the distributor or dealer in sales or service, then good cause is the failure of the distributor or dealer to carry out effectively the performance provisions of the franchise when: (a) The distributor or dealer was notified by the manufacturer in writing of that failure, the notification stated that notice was provided of failure of performance pursuant to this section and the distributor or dealer was given a reasonable opportunity for a period of not less than 6 months to make good-faith efforts to carry out the performance provisions; (b) The failure continued within the period that began not more than 180 days before the date on which notification of termination, cancellation or nonrenewal was given pursuant to section 1366; and (c) The distributor or dealer has not substantially complied with reasonable performance criteria established by the manufacturer and communicated to the distributor or dealer. (3) There is good cause when the manufacturer and the dealer or distributor agree not to renew the franchise. (4) There is good cause when the manufacturer discontinues production or distribution of the franchise goods. [1993, c. 195, §1 (NEW).] [ 1993, c. 195, §1 (NEW) .] SECTION HISTORY 1993, c. 195, §1 (NEW).
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