HF 2337

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

A bill for an act
relating to consumer protection; prohibiting the sale
of children's personally identifiable information for
commercial marketing purposes; proposing coding for
new law in Minnesota Statutes, chapter 325G.

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

Section 1.

[325G.56] DEFINITIONS.

Subdivision 1.

Scope.

For purposes of sections 325G.56
to 325G.563, the terms defined in this section have the meanings
given them.

Subd. 2.

Child.

"Child" means a person under the age of
18.

Subd. 3.

Express consent.

"Express consent" means an
affirmative indication of permission in writing or electronic
form. The term does not include consent inferred from failure
to indicate affirmatively that consent is denied or withheld.

Subd. 4.

Marketing.

"Marketing" means making a
communication to encourage the purchase or use of a commercial
product or service. A product or service is commercial if some
or all of the proceeds from the sale inure to the benefit of an
enterprise conducted for profit.

Subd. 5.

Parent.

"Parent" includes a legal guardian.

Subd. 6.

Personal information.

"Personal information"
means a child's first name or first initial and last name in
combination with any one or more of the following data elements:

(1) Social Security number;

(2) Minnesota or other state-issued identification card
number;

(3) Account number, security code, access code, or password
that would permit access to the child's bank or other financial
accounts;

(4) Home address;

(5) Home or cellular telephone number;

(6) Age or year in school; or

(7) E-mail address or online user name.

Sec. 2.

[325G.561] RESTRICTION ON SALE OR PURCHASE OF
CHILDREN'S PERSONAL INFORMATION.

Subdivision 1.

Sale prohibited.

It is unlawful to sell
personal information about an individual that the seller knows
to be a child residing in Minnesota.

Subd. 2.

Purchase prohibited.

It is unlawful to purchase
personal information about an individual identified by the
seller as a child residing in Minnesota for the purpose of
marketing to that child.

Sec. 3.

[325G.562] EXCEPTION.

Section 325G.561 does not apply to the sale, purchase, or
use of a child's personal information if the parent or guardian
of that child has granted express consent to the sale, purchase,
or use of that child's personal information.

Sec. 4.

[325G.563] PENALTY.

A person found to have violated sections 325G.56 to
325G.562 is subject to the penalties and remedies provided in
section 8.31.

Sec. 5. EFFECTIVE DATE.

Sections 1 to 4 are effective January 1, 2006.