We are a
free speech organization, which means that we believe in the free flow of information and that we are generally opposed to government restrictions on speakers and listeners. We are also a privacy organization because we believe that, as long as they aren't hurting anyone, people have a fundamental right to be left alone. Striking a balance, when a particular issue reveals a tension between those two priorities, is one of the most challenging aspects of being a part of the ACLU of MAINE.
Yesterday, the Maine Legislature's Committee on Business, Research and Economic Development took up consideration of a
prohibition on predatory marketing by drug companies against teenagers. There are already federal restrictions on internet marketing to children under 13 (contained in the Child Online Privacy Protection Act, or
COPPA ), and the Maine proposal would extend that protection up to age 17.
Health record privacy is one of the critical issues of our time. In fact, one of the groups we worked with on this bill, the
Center for Democracy and Technology , has an entire project devoted to medical privacy.
Collection, aggregation, and resale of private medical records , including prescription drug usage, is a threat to our most basic notion of privacy--information about our bodies.
But, adolescents have free speech rights, which includes the right to seek out information about medical care. Sometimes teenagers don't have good relationships with their parents; sometimes they don't have parents at all. Maine recognizes the rights of teenagers to make medical decisions in some cases for themselves, but without access to information, they are not going to be able to make good decisions.
In the end, legislative work always involves compromise, and it looks like the proposed bill is going to be amended to take into account the right of teenagers to seek out information on the internet. Next Tuesday, the committee will debate the bill internally, taking into account the extensive comments from yesterday's hearing. Right now, we're optimistic they will develop a final proposal that protects both privacy and free speech.