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:
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(a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
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(b) "Digital device" means a smartphone, tablet, television, computer, car, toy, home
appliance, or any other device that contains a microphone that can:
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(1) be activated remotely by a private entity without the knowledge of the user; and
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(2) transmit sound from the location of the digital device to a remote location where it
can be recorded and stored.
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(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.
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(d) "User" means a person who purchases, leases, or otherwise regularly uses a digital
device.
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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:
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(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;
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(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;
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(3) informs the user in writing of the specific categories of information the microphone
will be listening for, transmitting, and storing;
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(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
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(5) receives the informed, written consent, including through electronic means, of the
user or the user's authorized agent, representative, or guardian, that:
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(i) is in a form distinct and separate from any form setting forth other legal or financial
obligations of the user;
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(ii) is provided in advance of the time the microphone is activated, enabled, or used; and
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(iii) runs for a specified period of time or until consent is withdrawn by the user,
whichever is sooner.
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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.
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This section is effective the day following final enactment.
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