HF 421

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:17pm

A bill for an act
relating to data privacy; requiring consent before providers share audio or video
data with third parties; 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.80] AUDIO AND VIDEO DATA SHARING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Affiliate" means a legal entity that controls, is controlled
by, or is under common control with another legal entity.
new text end

new text begin (b) "Consent" means a clear, affirmative act, including a written statement, that establishes
a specific, informed, and unambiguous indication that the consumer agrees to share audio
or video data.
new text end

new text begin (c) "Consumer" means a natural person who is a Minnesota resident. Consumer does
not include a business's employee or contractor that is acting in the role of an employee or
contractor.
new text end

new text begin (d) "Provider" means the natural or legal person that stores private audio or video data
for the consumer.
new text end

new text begin (e) "Third party" means a natural or legal person, public authority, agency, or body other
than a consumer, provider, or an affiliate of the provider.
new text end

new text begin Subd. 2. new text end

new text begin Contract prohibitions. new text end

new text begin (a) A provider is prohibited from sharing a consumer's
private audio or video data with a third party without the express consent of the consumer.
new text end

new text begin (b) A provider is prohibited from refusing to provide its services to a consumer on the
grounds that the consumer has not approved the sharing of audio or video data with third
parties.
new text end

new text begin Subd. 3. new text end

new text begin Consent notice. new text end

new text begin Providers must make available, in a form that is reasonably
accessible to consumers, a clear consent notice that includes:
new text end

new text begin (1) the name of the third party that is seeking the audio or video data;
new text end

new text begin (2) the time frame of the audio or video data the provider is seeking to release to a third
party;
new text end

new text begin (3) the third party's stated purposes for obtaining the audio or video data; and
new text end

new text begin (4) the rights consumers may exercise under this section.
new text end

new text begin Subd. 4. new text end

new text begin Exemptions. new text end

new text begin (a) The obligations imposed on providers under this section do
not restrict a provider's ability to:
new text end

new text begin (1) comply with federal, state, or local laws;
new text end

new text begin (2) comply with a civil, criminal, or regulatory inquiry; investigation; subpoena; or
summons by federal, state, local, or other governmental authorities; or
new text end

new text begin (3) investigate, exercise, or defend legal claims.
new text end

new text begin (b) This section does not require a provider to:
new text end

new text begin (1) reidentify deidentified data; or
new text end

new text begin (2) retain audio or video data concerning a consumer that it would not otherwise retain
in the ordinary course of business.
new text end

new text begin (c) Obligations imposed on providers under this section do not:
new text end

new text begin (1) adversely affect the rights of any person;
new text end

new text begin (2) apply if compliance by the provider would violate an evidentiary privilege; or
new text end

new text begin (3) prevent a provider from providing audio or video data concerning a consumer to a
person covered by an evidentiary privilege as part of a privileged communication.
new text end

new text begin Subd. 5. new text end

new text begin Liability and enforcement. new text end

new text begin (a) A provider violates this section if the provider
fails to cure any alleged breach of this section within 30 days of the date notice of alleged
noncompliance is received. A provider that violates this section is subject to a civil penalty
of not more than $2,500 for each unintentional violation or $7,500 for each intentional
violation.
new text end

new text begin (b) The attorney general may enforce this section under section 8.31. The attorney general
may recover costs and disbursements, including costs of investigation and reasonable attorney
fees. Nothing in this section serves as the basis for a private right of action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 31, 2021.
new text end