This morning Privo alerted us to a legislative move in Maine that will dramatically affect how companies interact with minors. The new law, which will go into effect September 2009, bans the use of minors' health-related or personal information for marketing purposes. The Maine law expands on COPPA, using a similar definition of "personal information" but pertaining both to online and offline use and collection.

Under the new law:

- The knowing collection or receipt of health-related information or personal information for marketing purposes from a minor without first obtaining verifiable parental consent is prohibited.

- The sale or otherwise transfer of health-related information or personal information about a minor is prohibited, regardless of whet

- The use of health-related information or personal information regarding a minor for the purpose of marketing a product or service to that minor or promoting any course of action for the minor relating to a product is strictly prohibited.

As far as enforcement, the law can be invoked by the State Attorney General as well as in a private rights of action – meaning private parties can sue companies for collecting or using minors’ personal information in violation of the law. In other words,  companies, both insidious and not so insidious, that currently collect personal information from minors may consider seeking out legal advice about the best way to avoid coming under fire this September.

See the full legal document here.

For more coverage of the tween space, check out the Ypulse Tweens Channel, sponsored by the Tween Tribune.

Categorized under: Tweens, Web

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