Legislative Document: 1671
Maine Revised Statute Title 10: §1346 to 1350
Effective Date: January 31, 2006
Definition of Personal Information: 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;
(b) Driver's license number or state identification card number;
(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;
(d) Account password or personal identification numbers or other access codes; or
(e) Any of the data elements contained in paragraphs (a) to (d) above when not in connection with the individual’s first name, or first initial, and last name, if the information is compromised would be sufficient to permit a person to fraudulently assume or attempt to assume the identity of the person whose information was compromised.
Summary: 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. 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.
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