Use and Disclosure of Personal and Health-related Information from Minors

In June, the Governor of Maine signed into law, the “Act To Prevent Predatory Marketing Practices Against Minors,” which statute will go into effect on September 12, 2009. Despite the seeming narrow focus implied by the title, this far-reaching statute will effectively make it unlawful to (1) collect or receive individually identifiable or health-related information from any “minor” (under the age of 18) without “verifiable parental consent” if that information will be used for marketing purposes, (2) disclose any such information to third parties for any reason (except in very limited circumstances), or (3) use a minor’s personal or health-related information for the purpose of marketing a product or service to that minor.

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