SF 2118

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; requiring businesses that
possess personal data to notify persons whose personal
information has been disclosed to unauthorized
persons; 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.61] DATA WAREHOUSES; NOTICE REQUIRED FOR
CERTAIN DISCLOSURES.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure of personal information; notice
required. new text end

new text begin (a) Any person or business that conducts business in
this state, and that owns or licenses computerized data that
includes personal information, shall disclose any breach of the
security of the system following discovery or notification of
the breach in the security of the data to any resident of this
state whose unencrypted personal information was, or is
reasonably believed to have been, acquired by an unauthorized
person. The disclosure must be made in the most expedient time
possible and without unreasonable delay, consistent with the
legitimate needs of law enforcement, as provided in paragraph
(c), or with any measures necessary to determine the scope of
the breach and restore the reasonable integrity of the data
system.
new text end

new text begin (b) Any person or business that maintains computerized data
that includes personal information that the person or business
does not own shall notify the owner or licensee of the
information of any breach of the security of the data
immediately following discovery, if the personal information
was, or is reasonably believed to have been, acquired by an
unauthorized person.
new text end

new text begin (c) The notification required by this section may be
delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The
notification required by this section must be made after the law
enforcement agency determines that it will not compromise the
investigation.
new text end

new text begin (d) For purposes of this section, "breach of the security
of the system" means unauthorized acquisition of computerized
data that compromises the security, confidentiality, or
integrity of personal information maintained by the person or
business. Unauthorized acquisition of a portable electronic
device on which personal information is stored is not a breach
of the security of the system when access to the personal
information or the device is protected by a password that has
not been disclosed, or by another security measure.
new text end

new text begin (e) For purposes of this section, "personal information"
means an individual's first name or first initial and last name
in combination with any one or more of the following data
elements, when the name and the data elements are not encrypted:
new text end

new text begin (1) Social Security number;
new text end

new text begin (2) driver's license number or Minnesota identification
card number; or
new text end

new text begin (3) account number or credit or debit card number, in
combination with any required security code, access code, or
password that would permit access to an individual's financial
account.
new text end

new text begin (f) For purposes of this section, "personal information"
does not include publicly available information that is lawfully
made available to the general public from federal, state, or
local government records.
new text end

new text begin (g) For purposes of this section, "notice" may be provided
by one of the following methods:
new text end

new text begin (1) written notice;
new text end

new text begin (2) electronic notice, if the notice provided is consistent
with the provisions regarding electronic records and signatures
in United States Code, title 15, section 7001; or
new text end

new text begin (3) substitute notice, if the person or business
demonstrates that the cost of providing notice would exceed
$250,000, or that the affected class of subject persons to be
notified exceeds 500,000, or the person or business does not
have sufficient contact information. Substitute notice must
consist of all of the following:
new text end

new text begin (i) e-mail notice when the person or business has an e-mail
address for the subject persons;
new text end

new text begin (ii) conspicuous posting of the notice on the Web site page
of the person or business, if the person or business maintains
one; and
new text end

new text begin (iii) notification to major statewide media.
new text end

new text begin (h) Notwithstanding paragraph (g), a person or business
that maintains its own notification procedures as part of an
information security policy for the treatment of personal
information and is otherwise consistent with the timing
requirements of this section, shall be deemed to be in
compliance with the notification requirements of this section if
the person or business notifies subject persons in accordance
with its policies in the event of a breach of security of the
system.
new text end

new text begin Subd. 2. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the provisions
of this section is contrary to public policy and is void and
unenforceable.
new text end

new text begin Subd. 3. new text end

new text begin Remedies and enforcement. new text end

new text begin (a) Any person
injured by a violation of this section may commence a civil
action to recover damages.
new text end

new text begin (b) Any business that violates, proposes to violate, or has
violated this section may be enjoined.
new text end

new text begin (c) The rights and remedies available under this section
are cumulative to each other and to any other rights and
remedies available under law.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end