HF 4472

as introduced - 90th Legislature (2017 - 2018) Posted on 05/01/2018 01:04pm

A bill for an act
relating to civil law; creating a social media bill of rights; creating a cause of action
and civil penalty for violations of the social media bill of rights; proposing coding
for new law in Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.62] SOCIAL MEDIA; DISCLOSURE OF PERSONAL
INFORMATION AND USE OF CONTENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Account holder" means a person who operates a social media account through a
social media platform.
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new text begin (c) "Personally identifying information" means information that allows the person to be
identified or located, including:
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new text begin (1) the person's first and last name, first initial and last name, first name and last initial,
or nickname;
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new text begin (2) the person's birth date or Social Security number;
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new text begin (3) the person's current or former home, school, or work address;
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new text begin (4) the person's telephone number or e-mail address; or
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new text begin (5) the person's geolocation data.
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new text begin (d) "Social media platform" means any electronic medium, including a browser-based
or application-based interactive computer service, telephone network, or data network, that
allows users to create, share, and view user-created content.
new text end

new text begin (e) "Specific authorization" means a written or electronic acknowledgment obtained by
a social media platform from the account holder that at a minimum informs the account
holder:
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new text begin (1) of the purpose of the specific authorization;
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new text begin (2) of the intended use of any information being shared related to the authorization;
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new text begin (3) whether the account holder may refuse, in whole or in part, to supply the specific
authorization;
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new text begin (4) whether there are any known consequences from supplying or refusing to supply the
authorization; and
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new text begin (5) of the identity of any other person or entity that may receive information related to
the account holder from the social media platform under the specific authorization.
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new text begin (f) "Terms of service agreement" includes a social media platform's terms of service,
terms of use, or terms and conditions agreement, and includes a social media platform's
user rights and responsibilities policies and privacy policies.
new text end

new text begin (g) "User-created content" means data created by an account holder that is displayed on
the account holder's social media page or stored by the social media platform in the account
holder's account, including personally identifying information, education experience or
institution, volunteer or employment experience or institution, written posts, photographs,
video recordings, or audio recordings.
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new text begin Subd. 2. new text end

new text begin Title. new text end

new text begin This section may be cited as the "Social Media Bill of Rights."
new text end

new text begin Subd. 3. new text end

new text begin Social media account holder; rights. new text end

new text begin (a) User-created content and data related
to the account of an account holder on a social media platform are the property of the account
holder.
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new text begin (b) An account holder has the right to permanently delete the account holder's user-created
content on a social media platform. The social media platform shall not retain any
user-created content once the account holder has elected to permanently delete the
user-created content.
new text end

new text begin (c) An account holder has the right to permanently delete the account holder's account
on a social media platform. The social media platform shall not retain any user-created
content created, collected, or stored on the social media platform once the account holder
has elected to permanently delete the account.
new text end

new text begin (d) The option to permanently delete user-created content or an account must be available
directly to the account holder on the social media platform and must not require further
approval from the social media platform.
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new text begin Subd. 4. new text end

new text begin Social media platform; requirements and prohibitions. new text end

new text begin (a) Prior to sharing
data related to an account holder's account with a third party, a social media platform must
obtain specific authorization from the account holder.
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new text begin (b) A social media platform must obtain specific authorization from an account holder
to access data stored on an account holder's electronic device that is not part of the social
media platform.
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new text begin (c) A social media platform shall not activate the video or audio features of an account
holder's electronic device without specific authorization from the account holder for each
instance of activation.
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new text begin (d) A social media platform shall not share with a third party any data collected from
an account holder's electronic device, including but not limited to any data related to
telephone calls, text messages, electronic mail, or other electronic communications.
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new text begin (e) A social media platform must make available to every account holder a list of sources
from which the social media platform obtains information related to the account holder and
a list of third parties with whom the social media platform shares that information.
new text end

new text begin (f) A social media platform must provide equal access to the social media platform
without bias against a user's race, color, creed, religion, gender, or political affiliation.
new text end

new text begin (g) Specific authorization provided under this section is valid for a period not to exceed
one year from the day it is provided. If the purpose or use of the information shared has
changed, the specific authorization provided by the account holder becomes invalid ten
business days after the change, and the social media platform must obtain a new specific
authorization from the account holder.
new text end

new text begin (h) This subdivision does not apply to data or user-created content that is shared through
a social media platform by an account holder.
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new text begin Subd. 5. new text end

new text begin Cause of action; remedies. new text end

new text begin (a) An account holder has a cause of action against
a social media platform for violations of this section, or for violations of the terms of service
agreement of a social media platform, and an account holder may be awarded actual damages
and a civil penalty of up to $25,000 for each violation of this section. Costs, disbursements,
and reasonable attorney fees may be awarded to a party awarded damages for a violation
of this section.
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new text begin (b) A terms of service agreement between a social media platform and an account holder
that limits the legal remedies available under this section is void and unenforceable.
new text end

new text begin Subd. 6. new text end

new text begin Liability; exceptions. new text end

new text begin (a) No person shall be found liable under this section
when the data about a social media account is shared:
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new text begin (1) for the purpose of a criminal investigation or prosecution that is otherwise lawful;
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new text begin (2) for the purpose of, or in connection with, the reporting of unlawful conduct; or
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new text begin (3) in legal proceedings and is consistent with common practice in civil proceedings
necessary for the proper functioning of the justice system, or protected by court order which
prohibits any further dissemination.
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new text begin (b) This section does not alter or amend the liabilities and protections granted by United
States Code, title 47, section 230, and shall be construed in a manner consistent with federal
law.
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new text begin (c) A cause of action arising under this section does not prevent the use of any other
cause of action or remedy available under the law.
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new text begin Subd. 7. new text end

new text begin Jurisdiction; venue. new text end

new text begin (a) A court has jurisdiction over a cause of action filed
pursuant to this section if the plaintiff or defendant resides in this state.
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new text begin (b) A cause of action arising under this section may be filed in either the county of
residence of the plaintiff or defendant.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018, and applies to causes
of action arising on or after that date.
new text end