The Maine Senate failed on Wednesday to pass a data privacy bill that would have been the strongest data privacy law in the nation, after the state House of Representatives passed it on Tuesday.
Wednesday's 15-18 Senate vote on the Data Privacy and Protection Act, sponsored by Rep. Maggie O'Neill, ended the bill's chances of passing this Congress. The bill is largely modeled after a 2022 federal data privacy proposal called the U.S. Data Privacy Protection Act, which was rejected by Congress in 2022. The bill included a “data minimization” mandate to prevent companies from collecting unnecessary information, which was a hallmark of the federal government. A proposed American Right to Privacy Act was announced this week.
The Maine bill passed the Senate Judiciary Committee, but added an amendment to remove the private right of action, a legal mechanism that allows individuals to file civil lawsuits against companies that violate the law. . Many data privacy experts believe that a private right of action is the most effective breach deterrent and an indicator of the strength of data privacy laws.
The failure of the Maine bill was a repeat of O'Neill's aggressive stance on privacy. She has introduced biometric privacy legislation over the past two years, but both of those bills also failed due to strong opposition from the private sector. O'Neill told StateScoop last year that “that's up to the states” until Congress takes action. [privacy] Protection is in place. ”
If the federal APRA proposal announced this week becomes law, it could supersede state data privacy rules.
O'Neill's bill was introduced this year in part in response to competing data privacy legislation proposed by state Sen. Lisa Keim. Keim's version lacked a private right of action and attracted more support from the private sector, but the Maine Legislature also rejected the bill on Wednesday.
In a statement, the American Civil Liberties Union of Maine said of O'Neill's bill: “We are disappointed that the Senate today rejected LD 1977, which would have introduced the nation's strongest privacy protections following its passage by the House on Tuesday.” Ta. “Maine is proud to lead the nation in data privacy, including restricting data collection by internet service providers, banning the government's use of facial recognition technology, and requiring a warrant to obtain cell phone data.” We are excited to continue working with legislators, small business leaders, and concerned Maine people to advance this important legislation next year.”