An Act To Create the Maine Online Privacy Protection Act
Maine Legislature, Session 126, LD 0313
Committee: Judiciary
Sponsors: RUSSELL, BERRY, CAREY, DION, HICKMAN

Legislative Document 
No. 313 
H.P. 222 
House of Representatives, February 7, 2013 
An Act To Create the Maine Online Privacy Protection Act 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative RUSSELL of Portland. 
Cosponsored by Representatives: BERRY of Bowdoinham, CAREY of Lewiston, DION of 
Portland, HICKMAN of Winthrop, McCLELLAN of Raymond. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the online privacy of the personal information of consumers residing in 
Maine is of utmost importance; and 
Whereas, each day thousands of consumers in Maine use online services and 
websites that have access to personal information; and 
Whereas, consumers, in order to protect their personal information, need to know 
how online services and websites use or share that personal information and should have 
that information, as provided according to this Act, as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA c. 1057 is enacted to read: 
CHAPTER 1057 
MAINE ONLINE PRIVACY PROTECTION ACT 
§9571.  Short title 
This chapter may be known and cited as "the Maine Online Privacy Protection Act." 
§9572.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Consumer.  "Consumer" means an individual residing in this State who seeks or 
acquires, by purchase or lease, any goods, services, money or credit for personal, family 
or household purposes. 
2.  Operator.  "Operator" means a person or company that owns a publicly accessible 
website or online service that collects personal information from an individual consumer 
who uses that publicly accessible website or online service. "Operator" does not include a 
3rd party that operates, hosts or manages a publicly accessible website or online service 
on behalf of the owner of the publicly accessible website or online service or processes 
information on the owner's behalf. 
3.  Personal information.  "Personal information" has the same meaning as in 
section 1347, subsection 6. 
§9573.  Privacy statement to protect personal information 
1.  Posting of privacy statement.  An operator shall conspicuously post on its 
publicly accessible website in accordance with subsection 3 a privacy statement that 
contains the components described in subsection 2. 
2.  Privacy statement content.  The privacy statement posted pursuant to subsection 
must contain all of the following: 
A.  A list of the personal information that is collected by the operator; 
B.  A description of the entities with whom the operator may share a consumer's 
personal information; 
C.  If the operator has a process for a consumer who uses the operator's publicly 
accessible website to review and request changes to the consumer's personal 
information that is collected by the operator, a description of that process; 
D.  A description of the process used by the operator to notify a consumer who uses 
its publicly accessible website of material changes to that operator's privacy 
statement; and 
E.  The effective date of the privacy statement. 
3.  Conspicuously post.  A privacy statement required under subsection 1 is 
considered conspicuously posted if it meets any the following criteria: 
A.  The privacy statement in its entirety is posted on the home page or the first page 
seen by a consumer upon entering the publicly accessible website; 
B.  An icon that links directly to the privacy statement in its entirety is located on the 
home page or the first page seen by a consumer upon entering the publicly accessible 
website; and 
C.  A hyperlink that links directly to the privacy statement in its entirety is located on 
the home page or the first page seen by a consumer upon entering the publicly 
accessible website, if that hyperlink: 
(1)  Includes the word "privacy"; and 
(2)  Is written in capital letters that are equal to or greater in size than the 
surrounding text or is set apart from surrounding text by using a contrasting 
typeface, font or color or other marks that call attention to the privacy statement. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires a person or company that owns a publicly accessible website or 
online service that collects personal information from an individual consumer who is a 
resident of this State to post a privacy statement in a conspicuous location on its publicly 
accessible website. 
The bill also lists required content of the privacy statement.