2024: END OF THE 131st Legislative Session
Competing proposals to protect the online data privacy of Maine residents died as the Maine Legislature was wrapping up its 2024 session.
The Maine Senate rejected L.D. 1977, the stricter of the two data privacy proposals, (Senate voting 18-15), a bill opposed because it takes a tougher approach to limiting personal data collection and targeted online advertising. Meanwhile, L.D. 1773, a bill similar to data privacy laws passed in a dozen states was voted down 18-14.
https://www.govtech.com/policy/its-tough-sledding-for-data-privacy-bills-in-maine
Summary of LD 1977
https://www.dataguidance.com/news/maine-bill-data-privacy-and-protection-act-introduced
Legislative Action LD 1977
https://legislature.maine.gov/legis/bills/display_ps.asp?PID=1456&snum=130&paper=&paperld=l&ld=1977
Legislative Action LD 1773
https://legislature.maine.gov/legis/bills/display_ps.asp?LD=1773&snum=130
2023 ACTION : END OF 130th Legislative Session
See Legislative Summaries related to LD 1773 & LD 1977 in 2024 above
2022 ACTION: END OF 130th Legislative Session
Summary of Legislative Action Chart: Privacy Law Bills
https://docs.google.com/document/d/1jNlDXCnnBdyk3hfz7Os6OBIBWIhy5vonhP_aRHfvF_0/edit?usp=sharing
BIOMETRIC PRIVACY BILL HEADS FOR WORK SESSION
LD 1945 An Act to Regulate the Use of Biometric Identifiers has been amended by the sponsor and will be discussed at a work session at 1:00 pm on March 2, 2022.
http://www.mainelegislature.org/legis/bills/phwksched.html?CODE=JUD&snum=130
2022 ACTION: 130th Legislative Sessions
February 22, 2022 Work Sessions Focus on Privacy
LD 913, HP0669 An Act To Enact the Maine Data Collection Protection Act – Rep. Tavis Hasenfus of Readfield
LD 1943, SP0684An Act To Expand the Address Confidentiality Program to Victims of Certain Human Trafficking Crimes – Sen. Bill Diamond of Cumberland
LD 1945, HP1450 An Act To Regulate the Use of Biometric Identifiers – Rep. Maggie O’Neil of Saco
LD 1310, HP0966 An Act Regarding Criminal Records – Rep. Rachel Talbot Ross of Portland
See the Schedule on the Legislature’s Judiciary Committee’s website: https://legislature.maine.gov/committee/#Committees/JUD
SEE CHART OF PENDING 2022 PRIVACY LEGISLATION WITH ENACTED BILLS AT THE END:
https://docs.google.com/document/d/1LsJa1G9QLoj7Amlz8SdF7tLJYJcEvbu9EndvRuOuuiM/edit?usp=sharing
130th Legislative Sessions
The Second Regular Session of the 130th Maine Legislature begins January 5, 2022. Statutory Adjournment for the Second Regular Session is April 20, 2022.
The First Regular Session of the 130th Maine Legislature adjourned sine die on Tuesday, March 30, 2021, at 8:43 p.m.
The First Special Session of the 130th Maine Legislature adjourned sine die on Monday, July 19, 2021, at 8:29 p.m.
The Second Special Session of the 130th Maine Legislature adjourned sine die on Wednesday, September 29, 2021
The First Regular and Special Session fo the 130th Maine Legislature adjourned. General Effective Dates:
- 1st Regular Session: June 29, 2021
- 1st Special Session: October 18, 2021
CHART TRACKING SELECTED PRIVACY BILLS IN THE 130TH LEGISLATURE
https://drive.google.com/file/d/1HQv2OOdCid0wgLKUYtMYUzmGThew-kIB/view?usp=sharing
CONSTITUTIONAL AMENDMENT GUARANTEEING PERSONAL PRIVACY CARRIED OVER
Judiciary Committee obtained approval to carry over one personal privacy constitutions amendment.
See June 7th status for LD 1529 http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=1529&PID=1456&snum=130&sec3
JUDICIARY COMMITTEE VOTED DOWN ONE AND TABLE ANOTHER PERSONAL PRIVACY CONSTITUTIONAL AMENDMENT.
LD 1438 was voted OUGHT NOT TO PASS on May 28, 2021
Work Session for LD 1529 scheduled for May 28 was TABLED.
MAINE LEGISLATURE TO HOLD PUBLIC HEARING ON PERSONAL PRIVACY- CONSTITUTIONAL AMENDMENTS ON MAY 7
Testimony may be submitted here:
https://www.mainelegislature.org/testimony/
Committee Materials can be found by LD number at this link:
http://legislature.maine.gov/jud-meeting-materials-130th-legislature
1438: http://legislature.maine.gov/ctl/JUD/05-07-2021?panel=0&time=0&sortdir=0&sortby=2
1529: http://legislature.maine.gov/ctl/JUD/05-07-2021?panel=0&time=0&sortdir=0&sortby=2
The hearing is broadcast starting at 9 AM on May 7th:
http://legislature.maine.gov/committee/#Committees/JUD
MAINE LEGISLATURE CONSIDERING TWO CONSTITUTIONAL AMENDMENTS ENSURING PERSONAL PRIVACY.
LD 1529 would amend Article I 25 to read as follows: “ All natural persons have an inherent right to privacy that is free from governmental and private intrusion. The inherent right to privacy includes but is not limited to privacy of a natural person’s personal life, personal communications, private affairs and personal thoughts or inner life. A natural person’s interaction with an Internet, communication or other electronic data service does not diminish the natural person’s reasonable expectation of privacy.”
See Proposed LD 1529 at this link
http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1133&item=1&snum=130
See Also LD 1438 in post below at at http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1054&item=1&snum=130
Public Hearing on LD 1096 Bill “An Act To Clarify the Rule-making Authority of the Supreme Judicial Court Concerning Electronic Records and Filing”
Acknowledging the Court’s constitutional responsibility and authority to oversee the judicial function and control court records.
The Judiciary Committee Voted OUGHT TO PASS (04/16/21)
A copy of the proposed legislation can be found here: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0357&item=1&snum=130
MAINE LEGISLATURE TO CONSIDER CONSTITUTIONAL AMENDMENT ENSURING PERSONAL PRIVACY
LD 1438 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Declare the Natural, Inherent and Unalienable Right of Enjoying Personal Privacy
Proposes to amend the Constitution of Maine by declaring that all people have the natural, inherent and unalienable right of enjoying personal privacy.
See LD 1438 ; a copy of the proposed legislation can be found here: http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1054&item=1&snum=130
Maine Legislature Considers Bill To Require Media to be Accountable for Follow Up on Initial Reports about Criminal Charges
Is This a Freedom of Speech or Destroying a Person’s Life Issue Or Both?
The bill says, Maine has “a compelling interest to promote the truth, because without truth, there is no freedom…”
A copy of the proposed legislation LD 923 can be found here:
https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0679&item=1&snum=130
Opponents Say–
“’There’s no question this bill is unconstitutional,’ Justin Silverman, executive director of the New England First Amendment Coalition, said. He said the U.S. Supreme Court has laid out bright lines related to the freedom of the press that the proposal clearly violates.” from the Portland Press Herald Article, New Bill That Targets Press is Part of a Nationwide Push
The full Portland Press Herald Article, dated 03/05/21, can be found here:
https://www.pressherald.com/2021/03/05/new-bill-that-targets-press-is-part-of-a-nationwide-push/
Here are some proponents of the bill:
Special Forces of Liberty/DeFacto Attorneys General: http://www.specialforcesofliberty.com
On June 10, 2021— LD 923 was voted down by a 90 to 47 (24 absent)–was declared dead> See Status:
http://legislature.maine.gov/LawMakerWeb/summary.asp?ID=280079371
Privacy-Related Bills Submitted to 130th Maine State Legislature
Bills submitted prior to cloture on December 18, 2020 but not yet printed:
L.R. 84 An Act to Limit Access to Juvenile Case Records and Protect the Confidentiality of Juvenile History Record Information
L.R. 234 An Act To Protect the Private Information of Maine Citizens
L.R. 714 An Act To Provide Electronic Access to Confidential Juror Information
L.R. 722 An Act to Protect Student Privacy
L.R. 807 An Act Regarding Telemarketing
L.R. 1118 Resolve, To Expunge Criminal and Civil Records Related to Marijuana Activities Legalized by the Voters of Maine
L.R. 1137 An Act to Protect the Privacy of Absentee Voters
L.R. 1188 An Act To Automatically Seal All Crimes Decriminalized in the 130th Legislature
L.R. 1274 An Act To End the Maine Information Analysis Center Program
L.R. 1311 An Act To Protect the Privacy of Absentee Voters
L.R. 1332 An Act To Protect Privacy and Security at the Bureau of Motor Vehicles
L.R. 1227 An Act To Remove Barriers to Employment by Sealing the Records of Persons Convicted of Certain Nonviolent Crimes
L.R. 1228 An Act To Increase Privacy and Security by Prohibiting the Use of Facial Surveillance Technology by Certain Government Officials
L.R. 1250 An Act To Reduce So-called Robocalls and Automatically Dialed Telephone Calls by Requiring Entities Providing Telephone Service To Provide Technology Reducing the Number of Robocalls and Automatically Dialed Telephone Calls at No Cost to the Customer
L.R. 1302 An Act To Protect Teachers’ Privacy While Delivering Remote Instruction
L.R. 1303 An Act To Increase Transparency in the Maine Legislature by Removing Certain Freedom of Access Act Exemptions
L.R. 1338 An Act To Provide a Process for Expungement of Certain Criminal Records
L.R. 1339 Resolve, To Create a Criminal Records Review Committee
L.R. 1340 An Act Regarding a Post-judgment Motion by a Person Seeking To Satisfy the Prerequisites for Obtaining Special Restrictions on the Dissemination and Use of Criminal History Record Information for Certain Criminal Convictions
L.R. 1446 An Act To Protect an Individual’s Personal Data
L.R. 1476 An Act To Protect the Privacy of State Officials, Employees and Board Members
L.R. 1507 An Act To Improve Transparency in State Code and License Violations by Making Public the Names of Complainants
L.R. 1595 An Act Directing the Maine Center for Disease Control and Prevention To Release Annually Certain Public Health Data
L.R. 1601 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Create a Right to Privacy
LR. 1602 An Act To Protect the Information Privacy of Maine Residents
L.R. 1603 An Act To Prevent Violations of Privacy Caused by the Use of Drones
L.R. 1604 An Act To Create a Data Broker Registry and Improve Consumer Protections
L.R. 1606 An Act To Prevent Telephone Companies from Giving Municipal Exchange Numbers to People or Businesses without a Verified Address in That Exchange
L.R. 1607 An Act To Protect Data Privacy and Security in Elections
L.R. 1753 An Act to Protect Maine Residents and Organizations from Unreasonable and Illegal Surveillance, Monitoring and Tracing
L.R. 1824 An Act to Create the Biometric Privacy Protection Act
L.R. 1832 An Act To Limit Spam Texting
L.R. 1842 An Act To Enact the Maine Data Collection Protection Act
L.R. 1878 An Act To Promote Equity in Policy Making by Enhancing the State’s Ability To Collect, Analyze and Apply Data
L.R. 1913 An Act To Enact the Smart Home Device Privacy Protection Act
L.R. 1959 RESOLUTION, Proposing an Amendment to the Constitution of Maine To Establish Personal Privacy as a Natural Right