Maine Senate Passes Data Privacy Bill

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The Maine Senate has passed LD 1822, the Maine Online Data Privacy Act, moving a comprehensive consumer data privacy framework one step closer to enactment; the bill now returns to the House to consider Senate amendments.

What the bill does

Establishes a broad privacy framework similar to Maryland’s, with strong data minimization requirements that limit what personal data companies can collect and use.
Bans the sale of sensitive data, including precise geolocation, and restricts companies from collecting such data unless it is strictly necessary to provide requested products or services.
Gives consumers baseline privacy rights, including limits on behavioral advertising and enhanced protections for minors’ data, such as bans on selling minors’ data or using it for targeted advertising.

Scope and thresholds

Applies to businesses that control or process personal data of at least 35,000 Maine residents, or at least 10,000 consumers if the business derives at least 20% of gross revenue from data sales.
Covers personal data that is linked or reasonably linkable to individuals or their devices, with heightened rules for defined categories of sensitive data (e.g., race, sexual orientation, health status, precise location).

Political exemption and controversy

The Senate adopted an amendment exempting political organizations from key privacy restrictions, justified by supporters as necessary to protect First Amendment activity.
Some Democrats joined Republicans in opposing this exemption, arguing political entities should face the same limits as businesses; the vote on the exemption itself was narrow (18–16).

Legislative status and timeline

The House previously passed an earlier version of LD 1822, but must now vote on whether to concur with the Senate’s amended version, including the political exemption.
The current Senate version sets a 1 September 2027 effective date, giving regulated entities several years to implement compliance programs if enacted.

Reactions from stakeholders

Consumer advocates such as Consumer Reports praise LD 1822 as among the strongest state privacy laws to date, emphasizing its data minimization approach and bans on sensitive-data sales and third‑party targeted ads to children.
Advertising and business groups criticize the bill as more stringent than other state laws and warn it could make Maine an outlier and impose burdens on businesses of all sizes.

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