Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that prohibits mobile carriers from selling consumer data.

Highlights:

• Prohibits providers from using, disclosing, selling, or permitting access to customer personal information except with certain exceptions (Sec. 2).

• Defines “customer personal information” as the following (Sec. 1):

• Personally identifying information about a customer, including but not limited to the customer’s name, billing information, social security number, billing address, and demographic data; and

• Information from a customer’s use of a broadband Internet access service, including but not limited to their web browsing history, application usage history, precise geolocation information, financial information, health information, information pertaining to the customer’s children, device identifiers such as media access control addresses or international mobile equipment identities or internet protocol addresses, the content of their communications, or the origin and destination internet protocol addresses.

• Defines a “provider” as a person who provides broadband internet access service (sec. 1).

• Establishes the “customer consent exception” from the prohibition, including details such as (Sec. 3):

• A provider is authorized to use, disclose, sell, or permit access to a customer’s personal information if the customer gives the provider express, affirmative consent to such use, disclosure, sale or access;

• Authorization for the customer to revoke consent at any time;

• A provider is prohibited from refusing to serve a customer who does not provide consent or charge a customer a penalty or offer a discount based on their decision to provide or not provide consent; and

• A provider is authorized to use, disclose, sell, or permit access to information the provider collects that is not customer personal information except upon written notice from the customer that the customer does not permit such actions.

• Establishes other exceptions from the prohibition, including (Sec. 4):

• For the purpose of providing the service from which such information is derived or for the services necessary to the provision of such service;

• To advertise or market the provider’s communications-related services to the customer;

• To comply with a lawful court order;

• To initiate, render, bill for and collect payment for broadband internet access service;

• To protect users of the provider’s or other providers’ service from fraudulent, abusive, or unlawful use of or subscription to such services; and

• To provide geolocation information concerning the customer in relation to different emergency situations to the relevant authority or party.

Full Bill Text