Maine Child Data Law applies to all, even if you are not located in Maine!
Posted by: Jeffrey Neu on Aug 13, 2009
Websites, businesses, and and everyone beware, Maine has recently enacted (June 2, 2009, so not that recent, but recent enough)a new law entitled "Act to Prevent Predatory Marketing Practices Against Minors (L.D. 1183)" that monitors and prevents the marketing to and collecting of personally identifiable information (PII) to minors.
The law applies to both online and off-line transactions, anything from sweepstakes to newsletter sign-ups. Especially for online marketers, the law's breadth means that companies should start thinking hard about age verification measures to prevent unwitting data collection from minors.
Be aware, that this law has nothing to do with where your businesses are located, but more to do with where your users/constituents/customers/visitors are located.
The act defines "personal information" as "individually identifying information," and gives five non-exclusive examples:
• an individual's first name or first initial and last name;
• a home or other physical address;
• a Social Security number;
• a driver's license or state-issued ID card number; or
• any information "concerning a minor that is collected in combination with an identifier described in this subsection.
This law is much more sweeping and broad than COPPA (Children's Online Privacy Protection Act), which prohibits deceptive practices related to the collection and use of children's personally identifiable information.
The law has several constitutional challenges before it. From the 1st amendment to the subjecting of non-maine based businesses, or even businesses that target Maine to Maine law.
Regardless, if you have targeted children, may target children, or believe that any of your users are children, check where they live and review your data collection policies.
