HF 2651

as introduced - 90th Legislature (2017 - 2018) Posted on 05/08/2017 09:23am

A bill for an act
relating to privacy; establishing conditions under which a private entity at a remote
location may activate the microphone of a digital device owned by a consumer
and listen, store, or transmit the information accessed; proposing coding for new
law in Minnesota Statutes, chapter 237.

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

Section 1.

new text begin [237.418] DIGITAL DEVICE MICROPHONE; CONDITIONS FOR
REMOTE ACCESS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Digital device" means a smartphone, tablet, television, computer, car, toy, home
appliance, or any other device that contains a microphone that can:
new text end

new text begin (1) be activated remotely by a private entity without the knowledge of the user; and
new text end

new text begin (2) transmit sound from the location of the digital device to a remote location where it
can be recorded and stored.
new text end

new text begin (c) "Private entity" means any individual, partnership, corporation, limited liability
company, association, or other group, however organized. Private entity does not include
a state or local government agency.
new text end

new text begin (d) "User" means a person who purchases, leases, or otherwise regularly uses a digital
device.
new text end

new text begin Subd. 2. new text end

new text begin Digital device microphone; requirements for access. new text end

new text begin A private entity is
prohibited from activating or enabling, causing the activation or enabling of, or otherwise
using a digital device's microphone to listen to, transmit, store, or disclose information
unless it first:
new text end

new text begin (1) informs the user in writing that the microphone in the user's digital device will be
activated, enabled, or used by the private entity;
new text end

new text begin (2) informs the user in writing of the frequency and length of time the microphone will
be activated, enabled, or used by the private entity;
new text end

new text begin (3) informs the user in writing of the specific categories of information the microphone
will be listening for, transmitting, and storing;
new text end

new text begin (4) informs the user in writing of the specific purpose for which the information will be
collected, used, and stored, and to whom the information may be disclosed; and
new text end

new text begin (5) receives the informed, written consent, including through electronic means, of the
user or the user's authorized agent, representative, or guardian, that:
new text end

new text begin (i) is in a form distinct and separate from any form setting forth other legal or financial
obligations of the user;
new text end

new text begin (ii) is provided in advance of the time the microphone is activated, enabled, or used; and
new text end

new text begin (iii) runs for a specified period of time or until consent is withdrawn by the user,
whichever is sooner.
new text end

new text begin Subd. 3. new text end

new text begin Prohibitions. new text end

new text begin The provisions of this section may not be waived by a user or
private entity. Any agreement that does not comply with the applicable provisions of this
section is void and unenforceable.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end