AUGUSTA - Rep. Maggie O'Neil, D-Saco, introduced proposals on Monday that would protect Mainers privacy by restricting the ways that personal health data and other information is shared and accessed.
The first, LD 1902, would prohibit tech companies from selling users' sensitive health data, require them to obtain consent to collect health data and take steps to keep collected data secure, among other safeguards.
"Mainers' personal health data has fewer safeguards than most of us would expect. Information collected by apps, wearable devices and websites isn't protected the way that it is when it's shared with your doctor's office or insurance company," said O'Neil. "This proposal would safeguard sensitive health data to make sure people can feel confident accessing health care knowing their personal information is not being collected and shared without their permission or knowledge."
O'Neil also introduced two other bills to protect Mainer's privacy. LD 1705 would protect so-called "biometric identifiers," including fingerprint and facial recognition data that is increasingly collected by tech companies. LD 1576 would bring Maine law in line with today's technology to ensure that law enforcement are required to get a warrant in order to obtain personal electronic data.
Together, the three proposals would strengthen Maine's legal protections around personal data collected by tech companies.
As technology has evolved and companies have built their business models around collecting and using personal data, state and federal laws have not kept pace. For example, federal law only protects medical privacy in limited circumstances. In the wake of the Dobbs decision, abortion rights supporters and policy experts have warned that the lack of privacy protections could lead to prosecutions under state-level anti-abortion laws.
"Privacy isn't about secrecy. It's about control. Governments, individuals and companies should never be able to collect and share a person's private information and track their face at a protest, political rally, place of worship, family planning clinic or anywhere else," said Meagan Sway, policy director at ACLU of Maine. "Without sensible protections, Maine's people will continue to be subjected to having their most sensitive information collected without their consent, harming LGBTQ people and people of color the most. The ACLU of Maine urges lawmakers to continue their efforts leading the nation in protecting their constituents from the abuses of Big Tech."
The committee will hold work sessions on the bills in the coming days, at which time committee members will have the opportunity to debate and offer amendments before voting on recommendations to the full Legislature.
O'Neil is serving her fourth term in the Maine House. She represents part of Saco and is a member of both the Environment and Natural Resources Committee and the Government Oversight Committee.
Contact:
Brian Lee [ONeil], c. 305-965-2744