Duty LXD-2460
Tracks devices, in Maryland
Maryland Personal Information Protection Act (MPIPA), safeguards and secure-disposal dutysince 5 lines
Md. Code Ann., Com. Law sections 14-3502, 14-3503 (Maryland Personal Information Protection Act, Title 14, Subtitle 35, added by 2007 Md. Laws ch. 531 (S.B. 194)) · Read the law's page
- This binds any business that owns, maintains, or licenses the personal information of a Maryland resident; a business already complying with the security, notification, or destruction rules set by its own primary or functional federal or State regulator, or already subject to and in compliance with all four of section 501(b) of the Gramm-Leach-Bliley Act, section 216 of the Fair and Accurate Credit Transactions Act, the federal Interagency Guidelines Establishing Information Security Standards, and the federal Interagency Guidance on Response Programs, or with HIPAA, is deemed to comply with this duty.
- Absent that safe harbor, implement and maintain reasonable security procedures and practices, appropriate to the nature of the personal information held and the size of the business, to protect it from unauthorized access, use, modification, or disclosure.
- When destroying a customer's, an employee's, or a former employee's records containing personal information, take reasonable steps to protect against unauthorized access to or use of that information, weighing the sensitivity of the records, the size of the business, the cost of different destruction methods, and available technology.
- Where a nonaffiliated third-party service provider will receive personal information under a written contract entered into on or after , require by that contract that the provider also implement and maintain reasonable security procedures and practices appropriate to the information disclosed.
- A violation is an unfair or deceptive trade practice enforced by the Office of the Attorney General's Consumer Protection Division, for injunctive relief and a civil penalty of up to $10,000 per violation ($25,000 for a repeat violation); any person harmed may also bring a private action for injury or loss, and Title 13's own misdemeanor provision may extend to a violation of this duty.
Maryland Pen Register and Trap and Trace Device Actin force1 line
Md. Code Ann., Cts. & Jud. Proc. ยง 10-4B-02 · Read the law's page
- Do not install or use a pen register or a trap and trace device, a device or process that records the dialing, routing, addressing, or signaling information of a wire or electronic communication without capturing its contents, without first obtaining a court order, unless you are a provider of the communication service using it to operate, maintain, or test the service, to protect the provider or its users from abuse, fraud, or unlawful use, or with the consent of the user of that service.