HF 1892

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2023 01:41pm

A bill for an act
relating to consumer data privacy; requiring a consumer's consent prior to collecting
personal information; proposing coding for new law in Minnesota Statutes, chapter
325M.

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

Section 1.

new text begin [325M.10] CONSENT REQUIRED FOR COLLECTION OF PERSONAL
INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Business" means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, or any other legal or commercial entity
that is organized or operated for the profit or financial benefit of the business's shareholders
or other owners.
new text end

new text begin (c) "Consent" means any freely given, specific, informed, and unambiguous indication
of the consumer's wishes by which the consumer signifies agreement to the collection of
personal data relating to the consumer.
new text end

new text begin (d) "Consumer" means a natural person who is a Minnesota resident acting only in an
individual or household context. It does not include a natural person acting in a commercial
or employment context.
new text end

new text begin (e) "Personal information" means information that identifies, relates to, describes, is
capable of being associated with, or could reasonably be linked, directly or indirectly, with
a particular consumer.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section applies to businesses that conduct business in
Minnesota or produce products or services that are targeted to residents of Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Consent required. new text end

new text begin (a) A business must not collect, use, or disclose a consumer's
personal information without the consumer's consent.
new text end

new text begin (b) In order to receive the consumer's consent, the business must, at or before the point
of collection of the consumer's personal information, notify the consumer of:
new text end

new text begin (1) the categories of personal information the business collects about the consumer;
new text end

new text begin (2) the categories of sources from which the business collects the personal information;
new text end

new text begin (3) for each category of personal information, the purpose for collecting the personal
information; and
new text end

new text begin (4) for each category of personal information, the categories of persons to which the
personal information may be disclosed and the purpose for the disclosure.
new text end

new text begin (c) A business must not collect additional categories of personal information, use personal
information collected for additional purposes, or disclose additional personal information
without notifying the consumer consistent with paragraph (b) and receiving the consumer's
consent consistent with paragraph (a) regarding the additional categories, purposes, or
disclosures.
new text end

new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin (a) The attorney general may seek the penalties and remedies
available under section 8.31 against a business who violates this section. If the state prevails
in an action to enforce this section, the state may be allowed an amount determined by the
court to be the reasonable value of all or part of the state's litigation expenses incurred.
new text end

new text begin (b) A business that violates this section is liable to a consumer who suffers any damage
as a result of the violation, and the damaged consumer may bring an action against the
responsible business to cover any damages sustained, plus costs and reasonable attorney
fees.
new text end

new text begin (c) In addition to other remedies provided by law or equity, a business that violates this
section is subject to an injunction and liable for a civil penalty of not more than $7,500 for
each violation.
new text end

Sec. 2. new text begin REVISOR INSTRUCTION.
new text end

new text begin In Minnesota Statutes, sections 325M.01 to 325M.09, the revisor of statutes shall change
the term "this chapter" and similar terms to "sections 325M.01 to 325M.09" or similar terms.
The revisor shall also make grammatical changes related to the changes in terms.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective July 31, 2025.
new text end