Maine Code § 26-617

Exceptions
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1. Publicly available information. This subchapter does not apply to information about an
applicant or employee that is publicly available.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
2. Duty to screen or supervise. This subchapter does not prohibit or restrict an employer from
complying with a duty to screen employees or applicants before hiring or to monitor or retain employee
communications that is established by a self-regulatory organization as defined by the federal Securities
Exchange Act of 1934, 15 United States Code, Section 78c(a)(26) or under state or federal law,
regulation or rule to the extent necessary to supervise communications of regulated financial institutions
or insurance or securities licensees for banking-related, insurance-related or securities-related business
purposes.
[PL 2015, c. 343, Pt. B, §1 (NEW).]
3. Investigation. This subchapter does not prohibit or restrict an employer from requiring an
employee to disclose personal social media account information that the employer reasonably believes
to be relevant to an investigation of allegations of employee misconduct or a workplace-related
violation of applicable laws, rules or regulations if requiring the disclosure is not otherwise prohibited
by law, as long as the information disclosed is accessed and used solely to the extent necessary for
purposes of that investigation or a related proceeding.
[PL 2015, c. 343, Pt. B, §1 (NEW).]

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