An Act To Protect Confidential Consumer Records in Self-service Storage Facilities
Maine Legislature, Session 124, LD 1499
Committee: Judiciary
Sponsors: BOWMAN, WHEELER
Amends: 10 MRSA §1372, 10 MRSA §1375, 10 MRSA §1378

MAINE STATE LEGISLATURE 
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124th MAl 
LEGISLATURE 
Legislative Document 
No. 1499 
S.P.577 
In Senate, December 8, 2009 
An Act To Protect Confidential Consumer Records in Self-service 
Storage Facilities 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 8, 2009. Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator BOWMAN of York. 
Cosponsored by Representative WHEELER of Kittery. 
Printed on recycled ptlper 
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JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1372, sub-§5-A is enacted to read: 
5-A. Personal information. "Personal information" means information about a 
person that readily identifies that person or is closely associated with that person. 
"Personal infonnation" includes, but is not limited to, social security numbers, credit or 
debit card infonnation, bank account numbers or passport infonnation. 
Sec.2. 10 MRSA §1372, sUlb-§6-A is enacted to read: 
6-A. Reasonable belief. "Reasonable belief' is the actual Imowledge or belief a 
prudent person would have without making an investigation that a leased space contains 
personal infonnation relating to clients, customers or others with whom the occupant 
does business. 
Sec. 3. 10 MRSA §1375, sUlb-§l, as enacted by PL 1989, c. 62, is amended to 
read: 
1. Sale; use of proceeds. If Except as provided in subsection I-A, if the occupant is 
in default for a period of more than 45 days, the operator may enforce a lien by selling the 
property stored in the leased space at a public or private sale for cash. Proceeds 5l:HHl 
must then be applied to satisfy the lien, with any surplus disbursed as provided in 
subsection 5. 
Sec. 4. 10 MRSA §1375, sub-§I-A is enacted to read: 
I-A. Leased space containing personal information. When the operator has a 
reasonable belief that the leased space contains personal infonnation relating to clients, 
customers or others with whom the occupant does business, the operator may not hold a 
lien sale of the personal infonnation and may destroy the personal infonnation without 
liability to any person. 
Sec. 5. 10 MRSA §1375, sub-§I-B is enacted to read: 
I-B. Operator may inspect contents of leased space. An operator may inspect the 
contents of a leased space to investigate the presence of personal infonnation without 
liability to any person. Except when the occupant has stated in the rental agreement that 
the occupant will be storing paper or electronic data that contains personal infonnation 
relating to clients, customers or others with whom the occupant does business, the 
operator has no obligation to inspect the contents of a leased space and has no liability for 
not undertaking such an inspection. 
Sec. 6. 10 MRSA §1375, sub-§3, as enacted by PL 1989, c. 62, is amended to 
read: 
3. Redemption of property. At any time before a sale under this section or before 
property is disposed of or destroyed under section 1373, subsection 3, paragraph C or 
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under subsection 1-A, whichever occurs first, the occupant may pay the amount necessary 
to satisfy the lien and redeem the occupant's personal property. 
Sec. 7. 10 MRSA §1375, sub-§7, as enacted by PL 1989, c. 62, is amended to 
read: 
7. Purchasers. A Except as provided in subsection 7-A, a purchaser in good faith of 
any personal property sold under this Act takes the property free and clear of any rights 
of: 
A, 
Persons against whom the lien was valid; and 
B. 
Other lienholders. 
Sec. 8. 10 MRSA §1375, sub-§7-A is enacted to read: 
7-A. Purchaser to sign contract. Before taking possession of any personal property 
sold under this Act, a purchaser must sign a contract provided by the operator that 
contains provisions including, but not limited to, an agreement by the purchaser to return 
to the operator any personal information relating to clients, customers or others with 
whom the occupant does business. 
Sec. 9. 10 MRS A §1377 is enacted to read: 
§1377. Rental agreement 
A rental agreement must include the following inquiry: 
"Will you be storing paper documents or electronic data that contain personal 
information relating to clients, customers or others with whom you do business? 
Personal information includes, but is not limited to, social security numbers, credit or 
debit card information, bank account numbers or passport information. 
..... yes ..... No" 
Sec. 10. 10 MRSA §1378 is enacted to read: 
§1378. Effects of violations 
It is a violation of the Maine Unfair Trade Practices Act if: 
1. Occupant fails to take measures to protect personal information. An occupant 
fails to take appropriate measures to protect personal information of clients, customers or 
others with whom the occupant does business; 
2. 
Occupant misrepresents absence of personal information. 
An occupant 
intentionally misrepresents the absence of personal information of clients, customers or 
others with whom the occupant does business in responding to the inquiry in the rental 
agreement under section 1377; 
3. Purchaser fails to retlllnll personal information. A purchaser of any personal 
property under this Act intentionally fails to return to the operator any personal 
information of clients, customers or others with whom the occupant does business; and 
4. 
Operator cODlullillcts Bien sale of personal information. 
An operator has a 
reasonable belief that a leased space contains personal information relating to clients, 
customers or others with whom the occupant does business and nonetheless intentionally 
conducts a lien sale of personal information relating to clients, customers or others with 
whom the occupant does business. 
SUMMARY 
This bill protects the confidentiality of personal information relating to clients, 
customers or others with whom a tenant does business kept in self-service storage 
facilities if the tenant defaults on rental payments by requiring that the tenant notify the 
facility operator when the tenant intends to store such information, prohibiting the sale at 
auction of such information if the facility operator knows of its existence and requiring a 
purchaser of the contents of a unit to return any personal information. 
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