HF 517

as introduced - 89th Legislature (2015 - 2016) Posted on 02/09/2015 03:54pm

A bill for an act
relating to privacy; regulating installation and use of supercookies; providing
remedies; 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] SUPERCOOKIES; INSTALLATION WITHOUT
CONSENT PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this
section.
new text end

new text begin (b) "Supercookie" means an electronic data file, computer code, or other similar
program or software that may be used to track an internet user's Web site access, activities,
or history, and that cannot reasonably be deleted, blocked, or otherwise removed from a
wireless device by an average user without significant technical experience or expertise.
new text end

new text begin (c) "Informed, affirmative consent" means that the user has opted-in to installation of
a supercookie after being provided a written disclosure by the wireless telecommunications
service provider describing the following:
new text end

new text begin (1) the types of data that will be collected by the supercookie;
new text end

new text begin (2) the way the data will be stored and used by the wireless telecommunications
service provider;
new text end

new text begin (3) if data from the supercookie will be provided or accessible to any third-party
individuals or entities pursuant to an agreement with the wireless telecommunications
service provider, the names and contact information for those third parties;
new text end

new text begin (4) the wireless telecommunications service provider's procedures if it is determined
that data from a supercookie was accessed or collected by an unauthorized person; and
new text end

new text begin (5) the procedure for requesting that the wireless telecommunications service
provider delete, block, or remove the supercookie from the user's device, if the user has
provided informed, affirmative consent but later chooses to opt-out of its installation.
new text end

new text begin The disclosure must be formatted to be easily read and understood by an average user, and
must require the user to affirm, by signature or initials, that the disclosure has been provided.
Inclusion of the disclosure in the wireless telecommunications service provider's ordinary
terms and conditions of service is not sufficient to meet the requirements of this section.
new text end

new text begin (d) "Wireless telecommunications service provider" means a provider of wireless
telecommunications services to users residing in this state.
new text end

new text begin Subd. 2. new text end

new text begin Installation of supercookie; use of data. new text end

new text begin (a) A wireless
telecommunications service provider may not install, or require a user to install, a
supercookie on any device used to access the provider's services unless the user has
provided informed, affirmative consent to the installation.
new text end

new text begin (b) A wireless telecommunications service provider may not permit a third party to
access any data collected by a supercookie except by written agreement with the service
provider. The terms and conditions of an agreement entered under this section must be
provided, upon request, to any user whose supercookie data is made accessible to the third
party pursuant to the agreement.
new text end

new text begin (c) A wireless telecommunications service provider must delete, block, or otherwise
remove a supercookie from a user's device, or provide instructions to the user for doing so,
upon request. Upon receipt of a request to delete, block, or remove a supercookie from a
user's device, the wireless telecommunications service provider must immediately destroy
any data it maintains related to that user's Internet activities collected by the supercookie.
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin A user aggrieved by violation of this section is entitled to
appropriate equitable relief, and an award of $500, or actual damages, whichever is
greater, plus costs, disbursements, and reasonable attorney fees. The attorney general
may also bring an action to enforce compliance with this section, consistent with the
enforcement powers provided in section 8.31.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective July 1, 2015,
and applies to supercookies installed on or after that date, provided that a wireless
telecommunications service provider which has installed and currently maintains a
supercookie on a user's device as of the effective date of this section must provide the
disclosures and ability to opt-out no later than August 1, 2015. Notwithstanding Laws
2002, chapter 395, article 1, section 11, this section does not expire.
new text end