Maine Revised Statutes Title 5 Sec. 1976 – Use of State Government computer system
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1. Confidentiality. Computer programs, technical data, logic diagrams and source code related to data processing or telecommunications are confidential and are not public records, as defined in Title 1, section 402, subsection 3, to the extent of the identified trade secrets. To qualify for confidentiality under this subsection, computer programs, technical data, logic diagrams and source code must:
A. Contain trade secrets, as defined in Title 10, section 1542, subsection 4, held in private ownership; and [PL 2001, c. 388, §14 (NEW).]
B. Have been provided to a state agency by an authorized independent vendor or contractor under an agreement by which:
(1) All trade secrets that can be protected are identified without disclosing the trade secret;
(2) The vendor or contractor retains all intellectual property rights in those trade secrets; and
(3) The state agency agrees to hold and use the programs, data, diagrams or source code without disclosing any identified trade secrets. [PL 2001, c. 388, §14 (NEW).]
[PL 2001, c. 388, §14 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 1976
- Data processing: means the process that encompasses all computerized and auxiliary automated information handling, including systems analysis and design, conversion of data, computer programming, information storage and retrieval, data and facsimile transmission, requisite system controls, simulation and all related interactions between people and machines. See Maine Revised Statutes Title 5 Sec. 1972
- Telecommunications: means , but is not limited to, the process of transmitting and receiving any information, including voice, data and video, by any medium, including wire, microwave, fiberoptics, radio, laser and satellite. See Maine Revised Statutes Title 5 Sec. 1972
2. Public records. Except as provided in subsection 1, any document created or stored on a State Government computer must be made available in accordance with Title 1, chapter 13.
[PL 2007, c. 597, §4 (AMD).]
3. Violation.
[PL 2003, c. 176, §2 (RP).]
4. Penalty.
[PL 2003, c. 176, §2 (RP).]
SECTION HISTORY
PL 2001, c. 388, §14 (NEW). PL 2003, c. 176, §2 (AMD). PL 2007, c. 597, §4 (AMD).