Maine Revised Statutes

§5205. Records confidential

1. Confidential information.  Records containing the following information are deemed confidential for the purposes of Title 1, section 402, subsection 3, paragraph A:
A. Any information acquired by a municipality or a member, officer, employee or agent of a municipality from an applicant for assistance provided by this chapter or from any 3rd person pertaining to an applicant for assistance provided pursuant to this chapter; and [1997, c. 201, §1 (AMD).]
B. Any written or recorded financial statement of an applicant submitted to a municipality or a member, officer, employee or agent of a municipality in connection with an application for assistance pursuant to this chapter. [1997, c. 201, §1 (AMD).]
The term "applicant" includes individuals, partnerships, limited partnerships, limited liability companies and corporations, but does not include partnerships, limited liability companies and corporations whose shares, interests or other evidence of proportional ownership are publicly traded upon a recognized exchange.
[ 1997, c. 201, §1 (AMD) .]
2. Wrongful disclosure prohibited.  A member, officer, employee or agent of a municipality may not knowingly divulge or disclose information declared confidential by this section, except that:
A. A municipality or its agent may make such full and complete reports concerning its administration of programs provided with state or federal funds as required by State Government or Federal Government; [1991, c. 322, (NEW).]
B. A municipality or its agent may publish statistics or other information of a general nature drawn from information declared confidential by this section, provided that the publication is accomplished in a manner that preserves confidentiality; [1991, c. 322, (NEW).]
C. A municipality or its agent may comply with a subpoena, request for production of documents, warrant or court order issued or made upon lawful authority; and [1991, c. 322, (NEW).]
D. In any litigation or proceeding in which a municipality or its agent is a party, the municipality or its agent may introduce evidence based on any information deemed confidential that is within the control or custody of the municipality or its agent. [1991, c. 322, (NEW).]
[ 1991, c. 322, (NEW) .]
3. Waiver.  This section may not be construed to limit in any way the right of any person whose interest is protected by this section to waive, in writing or otherwise, the benefits of that protection.
[ 1991, c. 322, (NEW) .]
4. Penalty.  A person violating any provision under subsection 2 commits a civil violation for which a forfeiture of not more than $200 may be adjudged. Each separate act of disclosure is considered a separate offense.
[ 1991, c. 322, (NEW) .]
5. Application.  Notwithstanding this section, the confidentiality of information provided to a municipality during the course of the application process with the Department of Economic and Community Development is governed by Title 5, sections 13119 to 13119-C.
[ 1997, c. 201, §2 (NEW) .]
SECTION HISTORY
1991, c. 322, (NEW). 1997, c. 201, §§1,2 (AMD).

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