Maine Privacy laws & HR compliance analysis

Maine Privacy: What you need to know

Maine recognizes a legal claim for invasion of privacy. There are four types of invasion of privacy:
1. Unreasonable intrusion upon the seclusion of another;
2. Public disclosure of private facts;
3. Publicity that unreasonably places one in a false light in the public eye; and
4. Appropriation of one's name or likeness (Nelson v. Maine Times, 373 A.2d 1221 (Me. 1977)).
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The misuse of identification is a criminal act (ME Rev. Stat. Tit. 17-A Sec. 905-A). A person is guilty of this crime if, in order to obtain confidential information, property, or services, the person intentionally:
• Presents or uses a credit or debit card that is stolen, forged, canceled, or obtained as a result of fraud or deception;
• Presents or uses an account, credit, or billing number that the person is not authorized to use or that was obtained as a result of fraud or deception; or
• Presents or uses a form of legal identification that the person is not authorized to use.
Generally, in Maine, intercepting the contents of any wire or oral communication is prohibited without the consent of the sender or the receiver (ME Rev. Tit. 15 Sec. 709 et seq.).
Under Maine's Notice of Risk to Personal Data Act, the following parties are required to give notice to state residents of a breach of security:
• An information broker that maintains computerized data that include personal information and becomes aware of a breach of the security of its system must conduct a good-faith and prompt investigation to determine whether personal information has or will be misused and give notice of the breach to every state resident whose personal information has been, or may ...

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