An Act to Enact the Maine Consumer Privacy Act
Maine Legislature, Session 131, LD 1973
Committee Amendment CA_A_S713 (Senate)

COMMITTEE AMENDMENT " A " to S.P. 807, L.D. 1973, "An Act to Enact the 
Maine Consumer Privacy Act" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 10 MRSA c. 1057 is enacted to read: 
CHAPTER 1057 
MAINE CONSUMER PRIVACY ACT 
§9601. Short title 
This chapter may be known and cited as "the Maine Consumer Privacy Act." 
§9602. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Affiliate. 
"Affiliate" means a business or nonprofit organization that shares 
common branding with another business or nonprofit organization or controls, is controlled 
by or is under common control with another business or nonprofit organization. 
2. Biometric data. "Biometric data" means data generated by automatic measurements 
of an individual's biological characteristics, such as a fingerprint, voiceprint, retina, iris or 
other unique biological pattern or characteristic that is capable of being used to identify a 
specific individual. "Biometric data" does not include: 
A. A digital or physical photograph; 
B. An audio or video recording; 
C. Any data generated from a digital or physical photograph or an audio or video 
recording, unless the data is generated to identify a specific individual; or 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 807, L.D. 1973 cs~ 7(3') 
D. Data collected, used or stored for health care treatment, payment or operations under 
the federal Health Insurance Portability and Accountability Act of 1996, 42 United 
States Code, Chapter 7, Subchapter XL Patt C, and the regulations, rules, guidance and 
exemptions adopted pursuant to that Act. 
3. Business associate. "Business associate" has the same meaning as in 45 Code of 
Federal Regulations, Section 160.103. 
4. Child. 
11Child
means an individual who has not attained 13 years of age. 
5. Consent. 
11Consent
means a clear affirmative act signifying a consumer's freely 
given, specific, informed and unambiguous agreement to allow the processing of personal 
data relating to the consumer. "Consent" may include a written statement, including by 
electronic means, that is made in the language that the consumer uses to obtain a product 
or service from the controller and in a format that is reasonably accessible to and usable by 
consumers with disabilities. 
11Consent
does not include: 
A. 
Acceptance of a terms of use document or similar document that contains 
descriptions of personal data processing along with other unrelated information; 
B. Hovering over, muting, pausing or closing a given piece of content; or 
C. Agreement obtained through the use of a dark pattern. 
6. Consumer. "Consumer" means an individual who is a resident of this State. 
"Consumer" does not include an individual acting in a commercial or employment context 
or as an employee, owner, director, officer or contractor of a company, paitnership, sole 
proprietorship, nonprofit organization or government agency whose communications or 
transactions with the controller occur solely within the context of that individual's role with 
the company, pattnership, sole proprietorship, nonprofit organization or government 
agency. 
7. Consumer health data. "Consumer health data" means any personal data that a 
controller uses to identify a consumer's physical or mental health condition or diagnosis. 
8. Control. "Control" means: 
A. Ownership of, or the power to vote, more than 50% of the outstanding shares of 
any class of voting security of a company; 
B. Control in any manner over the election of a majority of-che directors of a company 
or of individuals exercising similar functions in a company; or 
C. Power to exercise controlling influence over the management of a company. 
9. Controller. "Controller" means a person that, alone or jointly with other persons, 
determines the purpose and means of processing personal data. 
10. Covered entity. "Covered entity" has the same meaning as in 45 Code of Federal 
Regulations, Section 160.103. 
11. Dark pattern. "Dark pattern" means a user interface designed or manipulated with 
the substantial effect of subve1ting or impairing user autonomy, decision-making or choice 
and includes, but is not limited to, any practice the Federal Trade Commission refers to as 
a "dark pattern." 
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12. Decisions that produce legal or similarly significant effects concerning the 
consumer. "Decisions that produce legal or similarly significant effects concerning the 
consumer" means decisions that result in the provision or denial to the consumer of 
financial or lending services, housing, insurance, education enrollment or opportunity, 
criminal justice, employment opportunities, health care services or access to essential 
goods or services. 
13. De-identified data. "De-identified data" means data that cannot reasonably be 
used to infer information about or otherwise be linked to an identified or identifiable 
individual, or a device linked to an individual, if the controller that possesses the data: 
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A. Takes reasonable measures to ensure that the de-identified data cannot be associated 
with an individual; 
B. Publicly commits to process the de-identified data only in a de-identified fashion 
and not attempt to re-identify the data; and 
C. Contractually obligates recipients of the de-identified data to satisfy the criteria set 
fo1ih in paragraphs A and B. 
14. Federally recognized Indian tribe in this State. "Federally recognized Indian 
tribe in this State" means the Houlton Band of Maliseet Indians, the Mi'kmaq Nation, the 
Passamaquoddy Tribe or the Penobscot Nation when the band, nation or tribe is acting in 
a governmental capacity and not in a business capacity. "Federal recognized Indian tribe 
in this State" does not include a business entity, including any federally chaiiered tribal 
corporation or other business entity owned or pa11ly owned by the Houlton Band of 
Maliseet Indians, the Mi'kmaq Nation, the Passamaquoddy Tribe or the Penobscot Nation. 
15. Geofence, "Geofence" means technology that uses global positioning system 
coordinates, cellular tower connectivity, cellular data, radio frequency identification, 
wireless access point data or any other form of location detection to establish a vi1iual 
perimeter around a specific physical location. 
16. Nonprofit organization. "Nonprofit organization" means an organization that is 
exempt from taxation under Section 50l(c)(3), Section 50l(c)(4), Section 501(c)(6) or 
Section 50l(c)(l2) of the United States Internal Revenue Code of 1986, as amended. 
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17. Personal data. "Personal data" means information that is linked or reasonably 
linkable to an identified or identifiable individual. "Personal data" does not include de-
identified data or publicly available information. 
18. Precise geolocation data. "Precise geolocation data'' means information derived 
from technology, including, but not limited to, global positioning system level latitude and 
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longitude coordinates, that directly identifies the specific location of an individual with 
precision and accuracy within a radius of 1,750 feet. "Precise geolocation data" does not 
include: 
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A. The content of communications; or 
B. Data generated by or connected to advanced utility metering infrastructure systems 
or equipment for use by a utility. 
19. Process, "Process" means an operation or set of operations performed on personal 
data, including the collection, use, storage, disclosure, analysis, deletion or modification of 
personal data. 
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COMMITTEE AMENDMENT" A" to S.P. 807, L.D. 1973 (S-7(3\ 
20. Processor. "Processor" means a person that processes personal data on behalf of 
a controller. 
21. Profiling. "Profiling" means any form of automated process performed on personal 
data to evaluate, analyze or predict personal aspects related to an identified or identifiable 
individual's economic situation, health, personal preferences, interests, reliability, 
behavior, location or movements. 
22. Protected health information. "Protected health information" has the same 
meaning as in the federal Health Insurance Portability and Accountability Act of 1996, 42 
United States Code, Chapter 7, Subchapter XI, Patt C, and the regulations, rules, guidance 
and exemptions adopted pursuant to that Act. 
23. Pseudonymous data. "Pseudonymous data" means personal data that cannot be 
attributed to a specific individual without the use of additional information, as long as the 
additional information is kept separately from the personal data and is subject to 
appropriate technical and organizational measures to ensure that the personal data is not 
attributed to an identified or identifiable individual. 
24. Publicly available information. "Publicly available information": 
A. Means information that is: 
(1) Lawfully made available to the general public through federal, state or local 
government records; 
(2) Made available to the general public through widely distributed media; 
(3) Made available through a website or online service made available to all 
members of the public, either for free or for a fee, including a website or online 
service in which all members of the public can log on to the website or online 
service either for free or for a fee, unless the individual who made the information 
available via the website or online service has restricted the information to a 
specific audience; 
(4) Disclosed to the general public as required by federal, state or local law; or 
(5) Collected through the visual observation of the physical presence of an 
individual or by a device located in a public place, not including data collected by 
a device in the individual's possession; and 
B. Does not include: 
(1) Any obscene visual depiction as described in 18 United States Code, Section 
1460; 
(2) Biometric data; 
(3) Genetic information, unless the genetic information has been made available to 
the general public by the individual to whom the genetic information pe1tains; 
(4) Inferences derived from a combination of publicly available information and 
personal data; or 
(5) Intimate images a controller or processor knows have been created or shared 
without consent of the individual depicted in the images. For purposes of this 
subparagraph, "intimate image" means a photograph, videotape, film or digital 
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recording of an individual in a state of nudity or engaged in a sexual act or engaged 
in sexual contact for which there is no public or newsworthy purpose. 
25. Sale of personal data. "Sale of personal data" means the exchange of personal 
data for monetaiy or other valuable consideration by the controller to a 3rd party. "Sale of 
personal data" does not include: 
A. The disclosure of personal data to a processor that processes the personal data on 
behalf of the controller; 
B. The disclosure of personal data to a 3rd patiy for purposes of providing a product 
or service requested by the consumer; 
C. The disclosure or transfer of personal data to an affiliate of the controller; 
D. The disclosure of personal data when the consumer directs the controller to disclose 
the personal data or intentionally uses the controller to interact with a 3rd patiy; 
E. The disclosure of personal data that the consumer: 
(1) Intentionally made available to the general public via a channel of mass media; 
a11d 
(2) Did not restrict to a specific audience; or 
F. The disclosure or transfer of personal data to a 3rd patiy as an asset that is part of a 
merger, acquisition, bankruptcy or other transaction, or a proposed merger, acquisition, 
bankruptcy or other transaction, in which the 3rd patiy assumes control of all or part 
of the controller's assets. 
26. Sensitive data. "Sensitive data" means personal data that includes: 
A. Data revealing racial or ethnic origins, religious beliefs, mental or physical health 
conditions or diagnoses, sexual orientation or citizenship or immigration status; 
B. Genetic or biometric data; 
C. Consumer health data; 
D. Personal data collected from a consumer known to be a child; 
E. Precise geolocation data; 
F. A :mcial security number, driver's license number or nondriver identification card 
number, except that "sensitive data" does not include the last 4 digits of a social security 
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number, driver's license number or nondriver identification card number; 
G. A consumer's account number, log-in information, financial account number or 
credit or debit card number that, in combination with any required security code, access 
code or password, permits access to a consumer's financial account; or 
H. Data concerning an individual's status as a victim of a crime. For the purposes of 
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this paragraph, "victim 
II has the same meaning as in Title 17-A, section 2101, 
subsection 2. 
27. Targeted advertising. "Targeted advertising" means displaying an adve1tisement 
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to a consumer when the advertisement is selected based on personal data obtained or 
inferred from that consumer's activities over time and across nonaffiliated publicly 
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accessible websites or online applications to predict that consumer's preferences or 
interests. "Targeted adve1iising
does not include: 
A. Adve1tisements based on activities within a controller's own publicly accessible 
websites or online applications: 
B. Adve1tisements based on the context of a consumer's current search query, visit to 
a publicly accessible website or online application: 
C. Adve1iisements directed to a consumer in response to the consumer's request for 
information or feedback: or 
D. 
Processing personal data solely to measure or report adve1iising frequency, 
performance or reach. 
28. Trade secret. "Trade secret" has the same meaning as in Title 10, section 1542, 
subsection 4. 
§9603. Scope 
1. Applicability; July 1, 2025 to December 31, 2026. Beginning July 1, 2025 and 
until December 31, 2026, the provisions of this chapter apply to persons that conduct 
business in this State or persons that produce products or services that are targeted to 
residents of this State and that during the preceding calendar year: 
A. Controlled or processed the personal data of not less than 100,000 consumers, 
excluding personal data controlled or processed solely for the purpose of completing a 
payment transaction: or 
B. Controlled or processed the personal data of not less than 25,000 consumers and 
derived more than 25% of gross revenue from the sale of personal data. 
2. Applicability; beginning January 1, 2027. Beginning Januaiy 1, 2027, the 
provisions of this chapter apply to persons that conduct business in this State or persons 
that produce products or services that are targeted to residents of this State and that during 
the preceding calendar year: 
A. Controlled or processed the personal data of not less than 50,000 consumers, 
excluding personal data controlled or processed solely for the purpose of completing a 
payment transaction: or 
B. Controlled or processed the personal data of not less than 25,000 consumers and 
derived more than 25% of gross revenue from the sale of personal data. 
3. Exempt entities. The provisions of this chapter do not apply to: 
A. A body, authority, board, bureau, commission, district or agency of this State, a 
political subdivision of this State or a federally recognized Indian tribe in this State; 
B. A national securities association that is registered under the federal Securities 
Exchange Act of 1934, 15 United States Code, Section 78a et seq.: 
C. A financial institution or affiliate of a financial institution, including a service 
corporation, that is subject to the federal Gramm-Leach-Bliley Act, 15 United States 
Code, Section 6801 et seq. (1999) only if that institution or affiliate is directly and 
solely engaged in financial activities as described in 12 United States Code, Section 
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COMMITTEE AMENDMENT"/+" to S.P. 807, L.D. 1973 ( S · 7/?) 
l 843(k) (2023). For purposes of this paragraph, "service corporation" has the same 
meaning as in Title 9-B, section 131, subsection 37; 
D. A person or entity that qualifies as a "licensee" under Title 24-A, section 2263, 
subsection 8, to the extent the person or entity is in compliance with any applicable 
data security and data privacy requirements of Title 24-A; or 
E. A person or entity that is subject to Title 35-A, section 9301 as a provider of 
broadband Internet access service that provides broadband Internet access service on 
its own or as part of a bundle. 
4. Exempt data. The provisions of this chapter do not apply to: 
A. Nonpublic personal information regulated under and collected, processed, sold or 
disclosed in accordance with the requirements of the federal Gramm-Leach-Bliley Act, 
United States Code, Section 6801 et seq. (1999); 
B. Protected health information under the federal Health Insurance P01iability and 
Accountability Act of 1996, 42 United States Code, Chapter 7, Subchapter XI, Paii C, 
and the regulations, rules, guidance and exemptions adopted pursuant to that Act; 
C. Patient-identifying information as described in 42 United States Code, Section 
290dd-2; 
D. Identifiable private information for the protection of human subjects in research 
under 45 Code of Federal Regulations, Pati 46; 
E. Identifiable private information that is otherwise information collected as pati of 
human subjects in research pursuant to the good clinical practice guidelines issued by 
the International Council for Harmonisation of Technical Requirements for 
Pharmaceuticals for Human Use or successor organization; 
F. The protection of human subjects in research under 21 Code of Federal Regulations, 
Pa1is 50 and 56, or personal data used or shared in research, as defined in 45 Code of 
Federal Regulations, Section 164.501, that is conducted in accordance with the 
standards set fo1ih in paragraphs D and E, or other research conducted in accordance 
with applicable law; 
G. Information and documents created for purposes of the federal Health Care Quality 
Improvement Act of 1986, 42 United States Code, Section 11101 et seq; 
H. Information derived from health care-related infonnation listed in this subsection 
that is de-identified in accordance with the requirements for de-identification pursuant 
to the federal Health Insurance P01iability and Accountability Act of 1996, 42 United 
States Code, Chapter 7, Subchapter XL Paii C, and the regulations, rules, guidance and 
exemptions adopted pursuant to that Act; 
I. Information that originates from information described in paragraphs B to H, or 
information that is intermingled so as to be indistinguishable from information 
described in paragraphs B to H, that a covered entity, business associate or program or 
activity relating to substance use disorder as described in 42 United States Code, 
Section 290dd-2, creates, processes or maintains in the same manner as is required 
under the applicable laws and regulations cited in paragraphs B to H; 
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J. Information used for public health activities and purposes as authorized by the 
federal Health Insurance P01tability and Accountability Act of 1996, 42 United States 
Code, Chapter 7, Subchapter XI, Patt C, and the regulations, rules, guidance and 
exemptions adopted pursuant to that Act; 
K. The collection, maintenance, disclosure, sale, communication or use of personal 
information bearing on a consumer's creditwo1thiness. credit standing, credit capacity, 
character, general reputation. personal characteristics or mode of living by a consumer 
repo1ting agency, furnisher or user that provides information for use in a consumer 
repo1t, and by a user of a consumer rep01t, but only to the extent that such activity is 
regulated by and authorized under the federal Fair Credit Repo1ting Act, 15 United 
States Code, Section 1681, et seq; 
L. Personal data collected, processed, sold or disclosed in compliance with the federal 
Driver's Privacy Protection Act of 1994, 18 United States Code, Section 2721 et seq.; 
M. Personal data regulated by the federal Family Educational Rights and Privacy Act 
of 1974, 20 United States Code, Section 1232g; 
N. Personal data collected. processed, sold or disclosed in compliance with the federal 
Farm Credit Act of 1971, 12 United States Code, Section 2001 et seq.; 
0. Data processed or maintained: 
(1) In the course of an individual applying to, employed by or acting as an agent 
or independent contractor of a controller, processor or 3rd patty, to the extent that 
the data is collected and used within the context of that role; 
(2) As the emergency contact information of an individual under this chapter used 
for emergency contact purposes; or 
(3) That is necessaiy to retain to administer benefits for another individual relating 
to the individual who is the subject of the information under paragraph A and used 
for the purposes of administering those benefits; or 
P. Personal data collected, processed, sold or disclosed in relation to price. route or 
service, as such terms are used in the federal Airline Deregulation Act of 1978. 49 
United States Code, Section 40 IO 1 et seq., by an air carrier subject to that Act, to the 
extent this chapter is preempted by the federal Airline Deregulation Act of 1978, 49 
United States Code. Section 41713. 
4. Compliance with the federal Children's Online Privacy Protection Act of 1998. 
Controllers and processors that comply with the verifiable parental consent requirements 
of the federal Children's Online Privacy Protection Act of 1998, 15 United States Code, 
Section 6501 et seq., and the regulations, rules, guidance and exemptions adopted pursuant 
to that Act are compliant with an obligation to obtain parental consent pursuant to this 
chapter. 
§9604. Consumer rights 
1. Consumer rights. A consumer has a right to: 
A. Confinn whether or not a controller is processing the consumer's personal data and 
to access that personal data, unless confirmation or access would require the controller 
to reveal a trade secret; 
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COMMITTEE AMENDMENT "A" to S.P. 807, L.D. 1973 { s-713) 
B. Correct inaccuracies in the consumer's personal data, taking into account the nature 
of the personal data and the purposes of the processing of the consumer's personal data; 
C. Delete personal data provided by, or obtained about, the consumer; 
D. Obtain a copy of the consumer's personal data processed by the controller, in a 
portable and, to the extent technically feasible, readily usable format that allows the 
consumer to transmit the data to another controller without hindrance, when the 
processing is carried out by automated means, as long as the controller is not required 
to reveal a trade secret; and 
E. Opt out of the processing of the consumer's personal data for purposes of: 
( 1) Targeted advertising; 
(2) The sale of personal data; or 
(3) Profiling in furtherance of solely automated decisions that produce legal or 
similarly significant effects concerning the consumer. 
2. Exercise of consumer rights. A consumer may communicate and access the 
information necessa1y to exercise rights under this section by a secure and reliable means 
established by the controller and described to the consumer in the controller's privacy 
notice. A consumer may designate an authorized agent in accordance with section 9605 to 
exercise the rights of the consumer to opt out of the processing of the consumer's personal 
data as specified in subsection 1, paragraph E. In the case of processing personal data of a 
consumer known to be a child. the parent or legal guardian may exercise consumer rights 
on the child's behalf. In the case of processing personal data concerning a consumer subject 
to a guardianship, conservatorship or other protective arrangement, the guardian or the 
conservator of the consumer may exercise rights on the consumer's behalf. 
3. Responding to exercise of consumer rights. Except as otherwise provided in this 
chapter, a controller shall comply with a request by a consumer to exercise the consumer's 
rights authorized pursuant to this chapter as follows. 
A. A controller shall respond to the consumer without undue delay, but not later than 
the 45th day after receipt of the request. The controller may extend the response period 
by 45 days when reasonably necessary considering the complexity and number of the 
consumer's requests, as long as the controller informs the consumer of the extension 
within the initial 45-day response period and of the reason for the extension. 
B. 
If a controller declines to take action regarding the consumer's request, the 
controller shall inform the consumer without undue delay, but not later than the 45th 
day after receipt of the request, of the justification for declining to take action and 
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instructions for how to appeal the decision. 
C. The controller shall provide information in response to a consumer's request, free 
of charge, once during any 12-month period. If requests from a consumer are 
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manifestly unfounded, excessive or repetitive, the controller may charge the consumer 
a reasonable fee to cover the administrative costs of complying with the request or 
decline to act on the request. The controller bears the burden of demonstrating the 
manifestly unfounded, excessive or repetitive nature of the request. 
D. If a controller is unable to authenticate a request to exercise a right afforded under 
subsection 1. using commercially reasonable efforts, the controller is not required to 
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comply with a request to initiate an action pursuant to this section and shall provide 
notice to the consumer that the controller is unable to authenticate the request to 
exercise the right until the consumer provides additional information reasonably 
necessary to authenticate the consumer and the consumer's request to exercise the right. 
E. A controller that has obtained personal data about a consumer from a source other 
than the consumer is in compliance with a consumer's request to delete that data 
pursuant to subsection I, paragraph C by retaining a record of the deletion request and 
the minimum data necessaiy for the purpose of ensuring that the consumer's personal 
data remains deleted from the controller's records and not using the retained data for 
any other purpose pursuant to the provisions of this chapter. 
4. Appeals. A controller shall establish a process for a consumer to appeal the 
controller's inaction on a request within a reasonable period of time after the consumer's 
receipt of the decision. The appeal process must be conspicuously available and similar to 
the process for submitting requests to initiate action pursuant to this section. Not later than 
the 60th day after receipt of an appeal, a controller shall inform the consumer in writing of 
action taken or not taken in response to the appeal, including a written explanation of the 
reasons for the decisions. If the appeal is denied, the controller shall also provide the 
consumer with an online mechanism, if available, or other method through which the 
consumer may contact the Attomey General to submit a complaint. 
§9605. Authorized agent 
A consumer may designate another person to serve as the consumer's authorized agent, 
and act on the consumer's behalf, to opt out of the processing of the consumer's personal 
data for the purposes specified in section 9604, subsection I, paragraph E, subparagraphs 
(1) and (2). The consumer may designate an authorized agent by way of, among other 
methods, technology, including, but not limited to, an Internet link or a browser setting, 
browser extension or global device setting, indicating the consumer's intent to opt out of 
such processing. A controller shall comply with an opt-out request received from an 
authorized agent if the controller is able to verify, using commercially reasonable effo1is, 
the identity of the consumer and the authorized agent's authority to act on the consumer's 
behalf. 
§9606. Actions of controllers 
1. Data minimization. A controller must comply with the requirements of this 
subsection. 
A. A controller shall limit the collection of personal data to what is adequate, relevant 
and reasonably necessary in relation to the purposes for which the data is processed, as 
disclosed to the consumer. 
B. Except as otherwise provided in this chapter, a controller may not process personal 
data for purposes that are neither reasonably necessaty for, nor compatible with, the 
disclosed purposes for which the data is processed, as disclosed to the consumer, unless 
the controller obtains the consumer's consent. For purposes of this paragraph, a 
controller's sale of sensitive data to one person or entity is neither necessary to nor 
compatible with the controller's sale of sensitive data to a different person or entity. 
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C. A controller shall process the minimum amount of personal data that is reasonably 
necessmy, adequate or relevant for each purpose for which data is processed, as 
disclosed to the consumer. 
D. A controller shall maintain documentation sufficient to demonstrate compliance 
with paragraphs A to C for as long as a processing activity continues and for a least 24 
months after the controller ceases to engage in the processing activity. 
A controller is not required to provide a product or service that requires the personal data 
of a consumer that the controller does not collect or maintain. 
2. Duties. A controller shall: 
A. Establish and implement a retention schedule that requires the deletion or de-
identification of personal data when the retention of that data is no longer reasonably 
necessary and relevant to the purposes for which the data is processed, as disclosed to 
the consumer, or as otherwise permitted by this chapter or required by law; 
B. Establish, implement and maintain reasonable administrative, technical and physical 
data security practices to protect the confidentiality, integrity and accessibility of 
personal data appropriate to the volume and nature of the personal data; 
C. In the case of the processing of sensitive data concerning a consumer known to be 
a child, process the data in accordance with the federal Children's Online Privacy 
Protection Act of 1998, 15 United States Code, Section 6501 et seq., and the 
regulations, rules, guidance and exemptions adopted pursuant to that Act; and 
D. Provide an effective mechanism for a consumer to revoke the consumer's consent 
under this section that is at least as easy as the mechanism by which the consumer 
provided the consumer's consent and, upon revocation of the consent, cease to process 
the data as soon as practicable, but not later than 15 days after the receipt of the request. 
3. Prohibitions. A controller may not: 
A. Process sensitive data concerning a consumer unless the controller obtains the 
consumer's consent prior to processing. Consent is not valid under this paragraph 
unless the controller has disclosed: 
(1) The controller's identity; 
(2) The reason consent is required, described in plain language that is 
understandable by a reasonable consumer; 
(3) The specific processing purposes for which consent is sought; 
( 4) The categories of sensitive data the controller must process to effectuate the 
processing purpose and the categories of personal data that will be processed with 
the sensitive data to effectuate the processing purpose; and 
(5) If applicable, the identity of all 3rd patties to whom the sensitive data may be 
sold. 
If a consumer has not interacted with a controller for a period of 24 months, the 
controller may not continue to process the consumer's sensitive data unless the 
controller obtains a new consent from the consumer in accordance with the 
requirements of this paragraph; 
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B. Process personal data in violation of the laws of this State and federal laws that 
prohibit unlawful discrimination against consumers; 
C. When the controller, under the circumstances, has actual knowledge or willfully 
disregards that the consumer is at least 13 years of age but has not attained 16 years of 
age: 
(1) Process the personal data of the consumer for purposes of targeted adve1tising; 
or 
(2) Sell the consumer's personal data without the consumer's consent; or 
D. Retaliate against a consumer for exercising a consumer right in this chapter or for 
not agreeing to the collection or processing of personal data for a separate product or 
service, including by denying goods or services, charging different prices or rates for 
goods or services or providing a different level of quality of goods or services to the 
consumer. 
4. Loyalty and rewards programs. A controller may offer a different price, rate, 
level, quality or selection of goods or services to a consumer, including offering goods or 
services for no fee, if the offering is in connection with a consumer's voluntmy pa1ticipation 
in a bona fide loyalty, rewards, premium features, discounts or club card program. 
5. Privacy notice. A controller shall provide consumers with an accessible, clear and 
meaningful privacy notice in plain language that is understandable by a reasonable 
consumer that includes: 
A. The categories of personal data processed by the controller; 
B. The purpose for processing personal data; 
C. How consumers may exercise their consumer rights. including how a consumer 
may appeal a controller's decision with regard to the consumer's request; 
D. The categories of personal data that the controller shares with 3rd patties, if any; 
E. The categories of 3rd patties, if any, with which the controller shares personal data; 
and 
F. An active e-mail address or other mechanism that the consumer may use to contact 
the controller. 
6. Consumer rights request mechanism. A controller shall establish, and shall 
describe in a privacy notice, one or more secure and reliable means for consumers to submit 
a request to exercise a consumer right pursuant to this chapter. The design of the secure 
and reliable means must take into account the ways in which consumers normally interact 
with the controller, the need for secure and reliable communication of requests and the 
ability of the controller to verify the identity of the consumer making the request. A 
controller may not require a consumer to create a new account in order to exercise a 
consumer right, but may require a consumer to use an existing account. 
7. Notice of sale and targeted advertising; opt-out mechanism. If a controller sells 
personal data to a 3rd party or processes personal data for targeted adve1tising, the 
controller shall clearly and conspicuously disclose such processing, as well as the manner 
in which a consumer may exercise the right to opt out of such processing. The disclosure 
required under this section must include: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ''A "to S.P. 807, L.D. 1973 ( $· 75) 
A. A clear and conspicuous link titled "Do Not Sell My Personal Data" or bearing a 
substantially similar title on the controller's publicly accessible website that directs the 
consumer, or an agent of the consumer, to a publicly accessible website that enables 
the consumer, or an agent of the consumer, to opt out of the sale of the consumer's 
personal data: and 
B. A clear and conspicuous link titled "Opt Me Out of Targeted Adve1iising
or bearing 
a substantially similar title on the controller's publicly accessible website that directs 
the consumer, or an agent of the consumer, to a publicly accessible website that enables 
the consumer, or an agent of the consumer, to opt out of processing of the consumer's 
personal data for targeted adve1iising. 
In lieu of providing the 2 links described in paragraphs A and B, a controller may satisfy 
the requirements of this subsection by providing a single conspicuous and clearly labeled 
link on the controller's publicly accessible website that allows a consumer, or an agent of 
the consumer, both to opt out of the sale of the consumer's personal data and to opt out of 
the processing of the consumer's personal data for targeted adve1iising. If the controller 
maintains a specific section or page of its publicly accessible website that allows a 
consumer, or an agent of the consumer, to opt out of the sale of the consumer's data or the 
processing of the consumer's data for targeted adve1iising and to select additional privacy 
controls, the controller may satisfy the requirements of this subsection by providing a single 
conspicuous and clearly labeled link on the controller's publicly accessible website titled 
"Your Privacy Choices" or bearing a substantially similar title that directs the consumer, or 
an agent of the consumer, to that specific section or page of its publicly accessible website. 
8. Universal opt-out mechanism. No later than December 1, 2026, a controller shall 
allow a consumer to opt out of any processing of the consumer's personal data for the 
purposes of targeted adve1iising or any sale of personal data through an opt-out preference 
signal sent, with the consumer's consent, by a platfonn, technology or mechanism to the 
controller indicating the consumer's intent to opt out of any such processing or sale. The 
platform, technology or mechanism: 
A. Must be consumer-friendly and easy to use by the average consumer; 
B. May not unfairly disadvantage another controller; 
C. May not make use of a default setting but must require the consumer to make an 
affirmative, freely given and unambiguous choice to opt out of any such processing or 
sale of the consumer's personal data: 
D. Must be as consistent as possible with another similar platform, technology or 
5 
mechanism required by federal or state law: and 
E. Must enable the controller to reasonably determine whether the consumer is a 
7 
resident of this State and whether the consumer has made a legitimate request to opt 
8 
out of to the sale of the consumer's personal data or targeted adve1iising. 
A controller that recognizes an opt-out preference signal that has been approved by the 
laws of another state is in compliance with this subsection. 
§9607. Responsibilities of processors and controllers 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A 
"to S.P. 807, L.D. 1973(5~ 7/1!;) 
1. Processor responsibilities. A processor shall adhere to the instructions of a 
controller and shall assist the controller in meeting the controller's obligations under this 
chapter. Assistance provided under this section must include: 
A. Taking into account the nature of processing and the information available to the 
processor, by appropriate technical and organizational measures, so far as is reasonably 
practicable, to fulfill the controller's obligation to respond to a consumer rights request; 
B. Taking into account the nature of processing and the information available to the 
processor, by assisting the controller in meeting the controller's obligations in relation 
to the security of processing the personal data and in relation to the notification of a 
breach of security, as defined in chapter 210-B, of the system of the processor, in order 
to meet the controller's obligations; and 
C. Providing necessary information to enable the controller to conduct and document 
data protection assessments. 
2. Contractual requirements. A contract between a controller and a processor must 
govern the processor's data processing procedures with respect to processing performed on 
behalf of the controller. The contract must clearly set forth instructions for processing data, 
the nature and purpose of processing, the type of data subject to processing, the duration of 
processing and the rights and obligations of both paiiies. The contract must require that the 
processor: 
A. 
Ensure that each person processing personal data is subject to a duty of 
confidentiality with respect to the data; 
B. At the controller's direction, delete or return all personal data to the controller as 
requested at the end of the provision of services, unless retention of the personal data 
is required by law; 
C. On the reasonable request of the controller, make available to the controller all 
information in the processor's possession necessaiy to demonstrate the processor's 
compliance with the obligations in this chapter; 
D. 
Allow and cooperate with reasonable assessments by the controller or the 
controller's designated assessor or arrange for a qualified and independent assessor to 
conduct an assessment of the processor's policies and technical and organizational 
measures in suppo1t of the obligations in this chapter, using an appropriate and 
accepted control standard or framework and assessment procedure for the assessment. 
The processor shall provide a repoti of the assessment to the controller upon request; 
and 
E. Engage a subcontractor pursuant to a written contract that requires the subcontractor 
to meet the obligations of the processor with respect to the personal data. 
3. Processing relationship liability. Nothing in this section may be construed to 
relieve a controller or processor from the liabilities imposed on the controller or processor 
by vi1tue of the controller's or processor's role in the processing relationship as described 
in this chapter. 
4. Fact-based determination. Determining whether a person is acting as a controller 
or processor with respect to a specific processing of data is a fact-based determination that 
depends upon the context in which personal data is to be processed. A person who is not 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "I+" to S.P. 807, L.D. 1973 (y 7f3j 
limited in the person's processing of personal data pursuant to a controller's instructions, or 
who fails to adhere to the instructions, is a controller and not a processor with respect to a 
specific processing of data. A processor that continues to adhere to a controller's 
instructions with respect to a specific processing of personal data remains a processor. If a 
processor begins, alone or jointly with other persons, determining the purposes and means 
of the processing of personal data, the processor acts as a controller with respect to the 
processing and may be subject to an enforcement action under section 9612. 
§9608. Data protection assessments 
1. Documentation. A controller shall conduct and document a data protection 
assessment for each of the controller's processing activities that presents a heightened risk 
of harm to a consumer. For the purposes of this section, "processing that presents a 
heightened risk of harm to a consumer" includes: 
A. The processing of personal data for the purposes of targeted advertising; 
B. The sale of personal data; 
C. The processing of personal data for the purposes of profiling, when profiling 
presents a reasonably foreseeable risk of: 
(1) Unfair or deceptive treatment of, or unlawful disparate impact on, consumers; 
(2) Financial, physical or reputational injury to consumers; 
(3) A physical or other intrusion upon the solitude or seclusion, or the private 
affairs or concerns, of consumers, when the intrusion would be offensive to a 
reasonable person; or 
( 4) Other substantial injury to consumers; and 
D. The processing of sensitive data. 
2. Required elements. Data protection assessments conducted pursuant to subsection 
must identify and weigh the benefits that may flow, directly and indirectly, from the 
processing to the controller, the consumer, other stakeholders and the public against the 
potential risks to the rights of the consumer associated with the processing, as mitigated by 
safeguards that can be employed by the controller to reduce the risks. The controller shall 
factor into the data protection assessment the use of de-identified data and the reasonable 
expectations of consumers, as well as the context of the processing and the relationship 
between the controller and the consumer whose personal data will be processed. 
3. Attorney General disclosure; exemption from public records. The Attorney 
General may require that a controller disclose a data protection assessment that is relevant 
to an investigation conducted by the Attorney General, and the controller shall make the 
data protection assessment available to the Attorney General. The Attorney General may 
evaluate the data protection assessment for compliance with the responsibilities set forth in 
this chapter. A data protection assessment is confidential and exempt from disclosure under 
Title 1, chapter 13. To the extent information contained in a data protection assessment 
disclosed to the Attorney General includes information subject to attorney-client privilege 
or work product protection, the disclosure does not constitute a waiver of that privilege or 
protection. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A-" to S.P. 807, L.D. 1973 { s, 7/3\ 
4. Processing activity. A single data protection assessment may address a comparable 
set of processing operations that include similar activities. 
5. Reciprocity. If a controller conducts a data protection assessment for the purpose 
of complying with another applicable law or regulation, the data protection assessment 
satisfies the requirements established in this section if the data protection assessment is 
reasonably similar in scope and effect to the data protection assessment that would 
otherwise be conducted pursuant to this section. 
6. Application. A controller is not required to conduct a data protection assessment 
under this section for any processing activity created or initiated before July 1, 2025. 
§9609. De-identified and pseudonymous data 
1. De-identified data requirements. A controller in possession of de-identified data 
shall: 
A. Take reasonable measures to ensure that the data cannot be associated with an 
individual; 
B. Publicly commit to maintaining and using de-identified data without attempting to 
re-identify the data; and 
C. 
Contractually obligate recipients of the de-identified data to comply with all 
provisions of this chapter. 
2. De-identified data and pseudonymous re-identification of data. Nothing in this 
chapter may be construed to require a controller or processor to: 
A. Re-identify de-identified data or pseudonymous data; or 
B. Maintain data in identifiable form, or collect, obtain, retain or access data or 
technology, in order to be capable of associating an authenticated consumer request 
with personal data. 
3. 
Consumer requests. Nothing in this chapter may be construed to require a 
controller or processor to comply with an authenticated consumer rights request if the 
controller: 
A. Is not reasonably capable of associating the request with the personal data, or it 
would be unreasonably burdensome for the controller to associate the request with the 
personal data; 
B. Does not use the personal data to recognize or respond to the consumer who is the 
subject of the personal data, or associate the personal data with other personal data 
about the same consumer; and 
• 
C. Does not sell the personal data to a 3rd party or otherwise voluntarily disclose the 
personal data to a 3rd party other than a processor, except as otherwise permitted in 
this section. 
4. Pseudonymous data requirements. The rights afforded under section 9604, 
subsection 1 do not apply to pseudonymous data in cases when the controller is able to 
demonstrate that information necessary to identify the consumer is kept separately and is 
subject to effective technical and organizational controls that prevent the controller from 
accessing the information. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEEAMENDMENT«/J "toS.P.807,L.D.1973 {5~713) 
5. Contractual oversight. A controller that discloses pseudonymous data or de-
identified data shall exercise reasonable oversight to monitor compliance with contractual 
commitments to which the pseudonymous data or de-identified data is subject and shall 
take appropriate steps to address breaches of those contractual commitments. 
§9610. Geofence 
A person may not use a geofence to establish a virtual perimeter within 1,750 feet of 
any facility that provides in-person health care services for the purpose of identifying, 
tracking, collecting data from or sending any notification regarding the consumer's 
consumer health data to a consumer that enters within that virtual perimeter. This 
subsection does not prohibit the operator of a facility that provides in-person health care 
services from implementing a geofence around the facility. 
§9611. Controller and processor; duties and obligations 
1. Exempt controller and processor activities. Nothing in this chapter may be 
construed to restrict a controller's or processor's ability to: 
A. Comply with federal laws or regulations or the laws and rules of the State; 
B. Comply with a civil, criminal or regulato1y inqui1y, investigation, subpoena or 
summons by federal or Maine governmental authorities or governmental authorities of 
a federally recognized Indian tribe in this State; 
C. Cooperate with federal, tribal or Maine law enforcement agencies concerning 
conduct or activity that the controller or processor reasonably and in good faith believes 
may violate federal laws or regulations or the laws and rules of the State; 
D. Investigate, establish, exercise, prepare for or defend legal claims; 
E. Provide a product or service specifically requested by a consumer; 
• F. Perform under a contract to which a consumer is a pa1ty, including fulfilling the 
terms of a written warranty; 
G. Take steps at the request of a consumer prior to entering into a contract; 
H. Take immediate steps to protect an interest that is essential for the life or physical 
safety of the consumer or another individual and when the processing cannot be 
manifestly based on another legal basis; 
I. Prevent, detect, protect against or respond to security incidents, identity theft, fraud, 
harassment, malicious or deceptive activities or illegal activity or preserve the integrity 
or security of systems or investigate, rep01t or prosecute those responsible for an action 
described in this paragraph; 
J. Engage in public or peer-reviewed scientific or statistical research in the public 
interest that adheres to all other applicable ethics and privacy laws and is approved, 
monitored and governed by an institutional review board that determines, or similar 
independent oversight entities that determine: 
(1) Whether the deletion of the information is likely to provide substantial benefits 
that do not exclusively accrue to the controller; 
(2) Whether the expected benefits of the research outweigh the privacy risks; and 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A"to S.P. 807, L.D. 1973 ( S• 7(3) 
(3) Whether the controller has implemented reasonable safeguards to mitigate 
privacy risks associated with research, including risks associated with re-
identification; 
K. Assist another controller, processor or 3rd patty with obligations under this chapter; 
or 
L. Process personal data for reasons of public interest in the area of public health, but 
solely to the extent that the processing is: 
(1) 
Subject to suitable and specific measures to safeguard the rights of the 
consumer whose personal data is being processed; and 
(2) Under the responsibility of a professional subject to confidentiality obligations 
under federal or state laws or local ordinances. 
2. Internal use. The obligations imposed on controllers or processors under this 
chapter do not restrict a controller's or processor's ability to collect, use or retain data for 
internal use to: 
A. 
Conduct internal research to develop, improve or repair products, services or 
technology; 
B. Effectuate a product recall; 
C. Identify and repair technical errors that impair existing or intended functionality; 
or 
D. Perform internal operations that are reasonably aligned with the expectations of the 
consumer or reasonably anticipated based on the consumer's existing relationship with 
the controller, or are otherwise compatible with processing data in fu1therance of the 
provision of a product or service specifically requested by a consumer or the 
performance of a contract to which the consumer is a patty, 
3. Evidentiary privilege. The obligations imposed on controllers or processors under 
this chapter do not apply when compliance with this chapter by the controller or processor 
would violate an evidentiary privilege under the laws of this State. Nothing in this chapter 
may be construed to prevent a controller or processor from providing personal data 
concerning a consumer to a person covered by an evidentiary privilege under the laws of 
this State as patt of a privileged communication. 
4. Liability. A controller or processor that discloses personal data to a 3rd-patty 
processor or 3rd-patty controller in accordance with this chapter has not violated this 
chapter if the 3rd-patty processor or 3rd-patty controller that receives and processes the 
personal data violates this chapter, as long as, at the time the disclosing controller or 
processor disclosed the personal data, the disclosing controller or processor did not have 
actual knowledge that the receiving 3rd-patty processor or 3rd-patty controller would 
violate this chapter. A 3rd-patty controller or 3rd-patty processor receiving personal data 
from a controller or processor in compliance with this chapter is likewise not in violation 
of this chapter for the transgressions of the controller or processor from which the 3rd-party 
controller or 3rd-patty processor receives the personal data. 
5. Exemptions. Nothing in this chapter may be construed to: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 807, L.D, 1973 ( s~ 713) 
A. Impose an obligation on a controller or processor that adversely affects the rights 
or freedoms of a person, including, but not limited to, the rights of a person: 
(1) To freedom of speech or freedom of the press guaranteed in the United States 
Constitution, Amendment I; or 
(2) Under Title 16, section 61; or 
B. Apply to a person's processing of personal data in the course of the person's purely 
personal or household activities. 
6. Limitations. Personal data processed by a controller or processor pursuant to this 
section may be processed only to the extent that the processing is: 
A. Reasonably necessaiy and proportionate to the purposes listed in this section; and 
B. Adequate, relevant and limited to what is necessa1y in relation to the specific 
purposes listed in this section. Personal data collected, used or retained pursuant to 
subsection 2 must, when applicable. take into account the nature and purpose of the 
collection, use or retention. The data must be subject to reasonable administrative, 
technical and physical measures to protect the confidentiality. integrity and 
accessibility of the personal data and to reduce reasonably foreseeable risks ofhann to 
consumers relating to the collection, use or retention of personal data. 
7. 
Controller burden. 
If a controller processes personal data pursuant to an 
exemption in this section, the controller bears the burden of demonstrating that the 
processing qualifies for the exemption and complies with the limitations in subsection 6. 
8. 
Clarification of roles. 
Processing personal data for the purposes expressly 
identified in this section does not solely make a legal entity a controller with respect to the 
processing. 
§9612. Enforcement 
1. Violation as unfair trade practice; exclusive Attorney General enforcement. A 
violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade 
Practices Act, except that the provisions of Title 5, section 207, subsection 2 do not apply 
to this chapter and except as provided in subsections 2 and 3. The Attorney General has the 
exclusive authority to enforce violations of this chapter under the Maine Unfair Trade 
Practices Act. 
2. Notice. Notwithstanding any provision of Title 5, section 209 to the contra1y, at 
least 30 days prior to commencement of any action under the Maine Unfair Trade Practices 
Act to enforce this chapter, the Attorney General shall notify the person against whom an 
action may be brought of the intended action and give the person an opportunity to confer 
5 
with the Attorney General in person or by counsel or other representative as to the intended 
action. Notice must be sent by mail, postage prepaid, to the person's usual place of business, 
7 
or if the person has no usual place of business, to the person's last known address. The 
Attorney General may proceed without notice as required by this subsection upon a 
9 
showing of facts by affidavit of immediate irreparable harm to the consumers of the State. 
3. No private right of action. Notwithstanding Title 5, section 213, this chapter may 
not be construed as creating a private right of action against any person based on a violation 
of any provision of this chapter. 
COMMITTEE AMENDMENT 
ROS 
I 
COMMITTEE AMENDMENT" A 
"to S.P. 807, L.D. 1973 { S ~ 7 f'3J 
§9613. Maine Privacy Fund established 
1. Establishment; purpose. The Maine Privacy Fund, referred to in this section as the 
"fund," is established within the Department of the Attorney General as a nonlapsing fund 
to providing funding for the staff and activities of the department necessary to enforce the 
provisions of this chapter. 
2. Administration. The Department of the Attorney General shall administer the 
fund. The fund must be established and held separate and apart from any other funds or 
money of the State or the department and must be used and administered exclusively for 
purposes authorized in this section. The fund consists of: 
A. Any civil penalties, attorney's fees or costs awarded to the State in an action brought 
by the Attorney General to enforce a violation of this chapter; 
B. Sums that may be appropriated by the Legislature to the fund or transferred by the 
Treasurer of State to the fund; 
C. Interest earned on fund balances; and 
D. Other funds received from any public or private source, including grants, gifts, 
bequests and donations. 
Sec. 2. Report. By February 1, 2027, the Attorney General shall submit a report to 
the joint standing committee of the Legislature having jurisdiction over judiciary matters 
regarding the operation and implementation of the Maine Revised Statutes, Title I 0, 
chapter I 057. The report must include, at a minimum, the following information: 
1. The number of notices the Attorney General has issued under Title I 0, section 9612, 
subsection 2 and the nature of the violations alleged in the notices; 
2. The number of persons sent a notice described in subsection 1 that conferred with 
the Attorney General during the notice period described in Title 10, section 9612, 
subsection 2 in a manner that alleviated the need for a civil action under the Maine Unfair 
Trade Practices Act; 
3. The number of civil actions brought by the Attorney General under the Maine Unfair 
Trade Practices Act to enforce violations of Title 10, chapter 1057; and 
4. Any recommendations the Attorney General has for improving the operation of Title 
10, chapter 1057. 
The joint standing committee of the Legislature having jurisdiction over judiciary 
matters may report out legislation related to the report to the 133rd Legislature in 2027. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
ATTORNEY GENERAL, DEPARTMENT OF THE 
Administration -Attorney General 0310 
Initiative: Provides ongoing funding for 2 Assistant Attorney General positions, one 
Paralegal position and one Technician position effective January I, 2025. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
2023-24 
0.000 
$0 
COMMITTEE AMENDMENT 
2024-25 
4.000 
$224,428 
ROS 
COMMITTEE AMENDMENT" /J-" to S.P. 807, L.D. 1973 ( $ .. , (3) 
All Other 
GENERAL FUND TOTAL 
Sec. 4. Effective date. This Act takes effect July 1, 2025 .' 
$0 
$0 
$14,143 
$238,571 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
enacts the Maine Consumer Privacy Act, which takes effect July 1, 2025. The Act regulates 
the collection, use, processing, disclosure, sale and deletion of nonpublicly available 
personal data that is linked or reasonably linkable to an individual who is a resident of the 
State, referred to in the Act as a "consumer, 11 by a person that conducts business in this 
State or that produces products or services targeted to residents of this State, referred to in 
the Act as a "controller. 11 Under the Act, a controller must limit the collection of personal 
data to what is adequate, relevant and reasonably necessary in relation to the purposes for 
which the controller processes that data, as disclosed in a privacy notice specifying the 
categories of personal data processed by the controller, the purposes for processing the': 
personal data, the categories of personal data transferred to 3rd parties and the categories 
of 3rd parties to whom personal data is shared. The Act also requires a controller to process 
the minimum amount of personal data reasonably necessary, adequate or relevant for each 
disclosed processing purpose. 
A consumer has the right, under the Act, to confirm whether a controller is processing 
the consumer's personal data; to require the controller to correct inaccuracies in or delete 
the consumer's personal data; to obtain a copy of the consumer's personal data; and to opt 
out of the processing of the consumer's personal data for purposes of targeted advertising, 
sale or profiling in furtherance of decisions about the consumer's access to financial or 
lending services, housing, insurance, education, criminal justice, employment 
opportunities, health care services and essential goods and services. The privacy notice 
must describe how a consumer may exercise these rights. The controller must obtain the 
affirmative, informed consent of a consumer before processing the consumer's sensitive 
data, including data revealing the consumer's race or ethnic origins, religious beliefs, 
mental or physical health conditions or diagnoses, sexual orientation, citizenship or 
immigration status; genetic or biometric data; precise geolocation data; complete social 
security, driver's license or nondriver identification card number; specific financial or 
account access information; data of a known child who has not attained 13 years of age; or 
data concerning the consumer's status as the victim of a crime. If the controller knows that 
the consumer has not attained 13 years of age, the controller may not process the consumer's 
data for any purpose without parental consent. If the controller knows or willfully 
disregards that the consumer is at least 13 years of age but has not attained 16 years of age, 
the controller may not process the consumer's data for targeted advertising and must obtain 
the consumer's consent before processing the consumer's data for sale. 
The Act prohibits a controller from processing data in a manner that discriminates 
against a person in violation of state or federal law. A controller is also prohibited from 
retaliating against a consumer for exercising the consumer's rights under the Act, except 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" fl-" to S.P. 807, L.D. 1973 { ~ -7 f:3} 
that a controller may offer different prices or selection of goods in connection with a 
consumer's voluntary participation in a bona fide loyalty or discount program. A controller 
must establish, implement and maintain reasonable data security practices and a retention 
schedule that requires the deletion or de-identification of personal data when retention of 
the data is no longer reasonably necessary and relevant to the purposes for which data is 
processed or when deletion of the data is required by law. Beginning July 1, 2025, if a 
controller engages in a data processing activity that presents a heightened risk of harm to a 
consumer, including processing any data for targeted advertising, sale or profiling or any 
processing of sensitive data, the controller must conduct and document a data protection 
assessment to identify and weigh the benefits and potential risks of the processing activity. 
The controller may be required to disclose the data protection assessment to the Attorney 
General, who must keep it confidential, when the assessment is relevant to an investigation 
conducted by the Attorney General. The Act further prohibits any person from establishing 
a geofence within 1,750 feet of any in-person health care facility in the State, other than 
the operator of the facility, for the purpose of identifying, tracking, collecting data from or 
sending a notification regarding consumer health data to consumers who enter that area. 
The provisions of the Act do not apply to specifically enumerated persons, including 
the State, political subdivisions of the State and federally recognized Indian tribes in the 
State; financial institutions or their affiliates subject to the federal Gramm-Leach-Bliley 
Act that are directly and solely engaged in financial activities; state-licensed and authorized 
insurers that are in compliance with applicable Maine laws governing insurer data security 
and data privacy; broadband Internet access service providers subject to the data privacy 
requirements of the Maine Revised Statutes, Title 35-A, section 9301; and persons that 
both processed the personal data of fewer than 25,000 consumers in the preceding calendar 
year and derived no more than 25% of gross revenue from the sale of personal data. The 
Act also does not apply to persons that controlled or processed the personal data for 
purposes other than completing payment transactions of fewer than 100,000 consumers in 
the preceding calendar year, except that, beginning January 1, 2027, this exception applies 
only to persons that controlled or processed the personal data for purposes other than 
completing payment transactions off ewer than 50,000 consumers in the preceding calendar 
year. 
In addition, the provisions of the Act do not apply to specifically enumerated types of 
data, including: nonpublic personal information regulated under the federal Gramm-Leach-
Bliley Act; protected health information under the federal Health Insurance Portability and 
Accountability Act of 1996; personal data regulated by the Family Educational Rights and 
Privacy Act of 1974; data processed and maintained by the controller regarding an 
applicant for employment or employee to the extent the data is collected and used within 
the context of that role; and data necessary for the controller to administer benefits. The 
Maine Consumer Privacy Act also does not prohibit controllers from engaging in 
specifically enumerated activities, including complying with Maine or federal law; 
complying with investigations or subpoenas from governmental authorities including the 
Federal Government and the government of the State or a federally recognized Indian tribe 
in the State; cooperating with federal, Maine or tribal law enforcement agencies; providing 
a product or service specifically requested by the consumer; protecting life and physical 
safety of consumers and preventing or responding to security incidents; and conducting 
internal product research, effectuating a product recall or performing other internal 
operations aligned with the expectations of a consumer. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" ft' to S.P. 807, L.D. 1973 ( $ · 7 J)) 
Violations of the Act may be enforced exclusively by the Attorney General under the 
Maine Unfair Trade Practices Act. Absent a showing of immediate irreparable harm, the 
Attorney General is required to provide a potential defendant with at least 30 days' notice 
prior to initiating an enforcement action, during which time the potential defendant may 
confer with the Attorney General to avoid the action. Any civil penalties, attorney's fees 
or costs awarded to the State for a violation of the Act must be deposited in the Maine 
Privacy Fund, which is established to provide funding for the enforcement staff and 
activities of the Department of the Attorney General. The Act further requires the Attorney 
General to submit a report by February 1, 2027 to the joint standing committee of the 
Legislature having jurisdiction over judiciary matters regarding the operation and 
implementation of the Act. The committee may report out legislation related to the report 
to the 133rd Legislature in 2027. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/12/24 /!Yac.. 
LD 1973 
LR947(02) 
An Act to Enact the Maine Consumer Privacy Act 
Fiscal Note for Bill as Amended by Committee Amendment ft' ( $~ 7 J3j 
Committee: Judiciary 
Net Cost (Savings) 
General Fund 
Appropriatiuns/ Allocations 
General Fund 
Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2023-24 
$0 
$0 
$0 
FY 2024-25 
$238,571 
$238,571 
$0 
Projections 
FY2025-26 
$493,301 
$493,301 
$500 
Projections 
FY 2026-27 
$510,04' 
$510,042 
$500 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees will increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This bill includes ongoing General Fund appropriations to the Office of the Attorney General of $238,571 in fiscal 
year 2024-25 to establish 2 Assistant Attorney General positions, one Paralegal position and one Technician position 
in the Consumer Protection Division beginning January 1, 2025 for implementation, administration and enforcement 
of the provisions of the Maine Consumer Privacy Act. 
This bill establishes the Maine Privacy Fund effective July 1, 2025. The Office of the Attorney General will require a 
$500 allocation beginning in fiscal year 2025-26 to authorize expenditures from the fund.