Maine Privacy laws & HR compliance analysis

Maine Privacy: What you need to know

Common law. 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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Social Security numbers (SSNs). Any business operating in Maine may not display an individual's SSN on a credit card, customer service card, or debit card. Unless otherwise provided by law, no business may deny goods or services to an individual for refusing to provide his or her SSN (Me. Rev. Stat. tit. 10, § 1271 et seq.).
SSNs may, however, be used as identification for medical insurance unless the individual requests in writing that his or her SSN not be used.
Wiretapping. 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. Stat. tit. 15, § et seq.).
Internet accounts. Maine law provides protection for employees’ and applicants’ personal Internet accounts (Me. Rev. Stat. tit. 26, § 615 et seq.).
More specifically, employers are prohibited from:
• Requiring, coercing, or requesting that an employee or applicant disclose a password or any other means for accessing a personal social media account;
• Requiring, coercing, or requesting the employee or applicant to access a social media account in the presence of the employer or the employer’s agent;
• Requiring or coercing an employee or applicant to disclose any personal social media account information;
• Requiring or ...

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