SF 4100
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/05/2026 09:25 a.m.
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A bill for an act
relating to consumer protection; establishing the Minnesota Digital Choice Act;
establishing civil penalties; authorizing administrative rulemaking; proposing
coding for new law in Minnesota Statutes, chapter 325M.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[325M.35] SOCIAL MEDIA DIGITAL CHOICE.
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new text begin Subdivision 1. new text end
new text begin Citation. new text end
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This section may be cited as the "Minnesota Digital Choice
Act."
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Open protocol" means a publicly available set of rules that:
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(1) enables interoperability and data exchange between social media platforms through
a shared data layer;
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(2) is not subject to licensing fees or patent restrictions; and
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(3) governs how a social media platform communicates and exchanges data with other
social media platforms.
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(c) "Personal data" means information that is linked or reasonably linkable to an identified
or identifiable natural person, including the natural person's social graph.
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(d) "Social graph" means data that represents a person's connections and interactions
within a social media platform. Social graph includes:
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(1) content the person generates;
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(2) the person's social connections with other users and entities;
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(3) the person's responses to other users' and entities' content, including comments,
reactions, mentions, reposts, shares, and other engagement;
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(4) the person's public profile;
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(5) metadata associated with an item identified in clauses (1) to (4); and
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(6) relational references sufficient to maintain the associations among data elements
described in clauses (1) to (4).
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Social graph does not include other users' and entities' content and responses, including
private messages, that the other users and entities have designated as private.
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(e) "Social media company" means an entity that owns or operates a social media
platform.
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(f) "Social media platform" has the meaning given in section 325M.31.
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(g) "User" has the meaning given in section 325M.31.
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new text begin Subd. 3. new text end
new text begin Data rights. new text end
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(a) A user has a right to:
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(1) delete personal data that the social media company holds that was provided by or
obtained about the user; and
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(2) obtain from the social media company a copy of the user's personal data that the
social media company has processed. The user's personal data must be provided in a portable
and, to the extent technically feasible, readily usable format that allows the user to transmit
the data to another user without interference, where the processing is carried out by automated
means, provided the user is not required to reveal a trade secret.
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(b) A user may exercise the rights under this subdivision by submitting at any time a
request to a social media company specifying the rights the user elects to exercise.
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(c) A social media company must fulfill a user request to exercise the user's data rights
under this subdivision within five business days of the date the request is received.
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new text begin Subd. 4. new text end
new text begin Data interoperability requirements. new text end
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(a) A social media company must
implement a transparent, third-party-accessible interoperability interface or interfaces that
allow a user to choose to:
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(1) share a common set of the user's current social graph or user-selected parts of the
user's social graph between the social media platforms the user designates; and
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(2) with the user's permission, enable third parties to access social graph data a user
creates and receive a notification when new or updated social graph data is available.
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(b) A social media company that receives personal data must reasonably secure any
personal data the social media company acquires.
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(c) In order to achieve interoperability under paragraph (a), clause (1), a social media
company must:
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(1) use an open protocol;
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(2) facilitate and maintain interoperability and continuous, real-time data sharing with
other social media platforms through an interoperability interface, based on reasonable
terms that do not discriminate between social media platforms;
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(3) establish reasonable and proportionate thresholds related to the frequency, nature,
and volume of requests. The social media company may assess a reasonable access fee for
requests that are beyond the reasonable and proportionate thresholds established under this
clause; and
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(4) disclose to other social media companies complete, accurate, and regularly updated
documentation describing access to the interoperability interface required under this section.
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(d) A social media company or third party is prohibited from collecting, using, or sharing
personal data obtained from other social media platforms through the interoperability
interface, except to protect the privacy and security of the information or maintain the
interoperability of services.
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(e) A social media company or third party is prohibited from sharing or receiving personal
data through the interoperability interface without the user's consent.
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(f) A social media company must adopt an accessible, prominent, and persistent method
for users to provide consent for data sharing with other social media platforms or third
parties through the interoperability interface. A social media company must implement the
user's instructions under this paragraph within five business days of the date the instructions
are received.
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(g) A social media company is not required to:
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(1) provide access to:
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(i) inferences, analyses, or derived data that the social media company has generated
internally about a user; or
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(ii) trade secrets, proprietary algorithms, ranking systems, or other internal operating
mechanisms; or
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(2) transmit data that:
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(i) is stored or structured in a proprietary format;
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(ii) does not have a reasonably available open, industry-standard format; and
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(iii) if transmitted, would disclose information described in paragraph (a).
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new text begin Subd. 5. new text end
new text begin Rulemaking; rebuttable presumption. new text end
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(a) After completing an assessment,
the attorney general may adopt rules that identify open protocols the attorney general has
determined meet the requirements under subdivision 4.
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(b) A social media company that uses an open protocol identified in administrative rules
adopted by the attorney general under paragraph (a) is entitled to a rebuttable presumption
that the social media company provides access on reasonable terms that do not discriminate
between social media platforms.
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new text begin Subd. 6. new text end
new text begin Enforcement; penalties. new text end
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(a) A social media company that violates this section
is subject to an injunction and liable for a civil penalty not to exceed $2,500 per affected
user. The civil penalty under this paragraph may be assessed and recovered only in a civil
action brought by the attorney general under section 8.31. If the state prevails in an action
to enforce this chapter, the court may, in addition to the penalties provided by this paragraph
or other remedies provided by law, determine and award to the state an amount that represents
the reasonable value of all or part of the state's litigation expenses incurred.
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(b) A penalty, fee, or expense recovered in an action brought under this section must be
deposited in an account in the special revenue fund and is appropriated to the attorney
general to offset costs incurred by the attorney general to enforce this section.
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(c) This section does not provide a private right of action under this section, section
8.31, or other law.
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