HF 3261

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

A bill for an act
relating to telecommunications; regulating customer call records; prohibiting
the sale of telecommunications customer call information without the
prior, affirmative authorization of the customer; providing a duty to secure
telecommunications customer call information; prescribing criminal and civil
penalties; proposing coding for new law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.319] PROHIBITING SALE OF TELECOMMUNICATIONS
CALL INFORMATION; REQUIRING SECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (a) "Customer call information" means individually identifiable information about
calls made and received by a telecommunications customer including information
regarding the identity of persons called or from whom calls were received, the length and
dates of calls, and the telephone number or numbers assigned to the customer.
new text end

new text begin (b) "Person" includes:
new text end

new text begin (1) an individual;
new text end

new text begin (2) a commercial or business entity, however organized, including, but not limited
to, a firm, company, limited liability company, partnership, limited liability partnership,
corporation, or cooperative; and
new text end

new text begin (3) a political subdivision, including a county, statutory or home rule charter city,
or town;
new text end

new text begin (c) "Subscriber list information" has the meaning given in United States Code,
title 47, section 222.
new text end

new text begin (d) "Telecommunications" means the transmission, between or among points
specified by the user, of information of the user's choosing, without change in the form or
content of the information as sent or received.
new text end

new text begin (e) "Telecommunications customer" means an individual or entity or authorized
representative of an entity to whom a telecommunications service provider is providing or
has provided a telecommunications service.
new text end

new text begin (f) "Telecommunications service" means the offering of telecommunications for a
fee directly to the public, or to classes of users so as to be effectively available directly to
the public, regardless of the facilities used.
new text end

new text begin (g) "Telecommunications service provider" means a provider of a
telecommunications service, including an independent telephone company,
telephone company, or telecommunications carrier; a municipality that provides a
telecommunications service; or a commercial mobile radio service provider or other
wireless telecommunications service provider.
new text end

new text begin Subd. 2. new text end

new text begin Prohibiting sale of customer call information without prior, affirmative
customer consent. new text end

new text begin (a) Except as provided in paragraphs (b) and (c), no person may sell
the customer call information of a telecommunications customer without prior express
affirmative consent from the telecommunications customer.
new text end

new text begin (b) Nothing in this section prohibits the sale of subscriber list information to the
extent permitted by federal law.
new text end

new text begin (c) Nothing in this section prohibits the sale of directory assistance data for directory
assistance purposes to the extent permitted by federal or state law.
new text end

new text begin Subd. 3. new text end

new text begin Customer notice and consent form. new text end

new text begin (a) Before requesting authorization
to sell customer call information, the person requesting the consent shall notify the
telecommunications customer of the customer's right to prohibit the sale of customer
call information. The person shall provide the notice in writing directly to the
telecommunications customer. The notice must be labeled "IMPORTANT PRIVACY
INFORMATION." The notice must clearly and conspicuously state that the person is
requesting to sell customer call information of the telecommunications customer and
provide sufficient information to enable the telecommunications customer to make an
informed decision as to whether to consent to the sale.
new text end

new text begin (b) A consent to the sale of customer call information must be in writing and signed
by the telecommunications customer. The consent must be contained on a separate page
that clearly and conspicuously discloses and allows the customer to specify:
new text end

new text begin (1) the time during which the consent is effective, which may not be longer than
five years;
new text end

new text begin (2) each category of customer call information that may be sold; and
new text end

new text begin (3) the purposes for which the information may be sold.
new text end

new text begin (c) Any person obtaining prior express affirmative consent from a
telecommunications customer shall notify each telecommunications customer annually of
any currently valid consents the customer has executed. A consent must be maintained for
as long as it is effective.
new text end

new text begin Subd. 4. new text end

new text begin Applicability. new text end

new text begin Subdivisions 1 to 3 apply to all persons seeking to sell
customer call information, not only to telecommunications service providers.
new text end

new text begin Subd. 5. new text end

new text begin Duty to secure privacy of telecommunications customer call
information. new text end

new text begin A telecommunications service provider shall secure the privacy of customer
call information by adopting a comprehensive written information security program that
includes administrative, technical, and physical safeguards for customer call information
appropriate to the telecommunications service provider's size and complexity and the
nature and scope of its activities.
new text end

new text begin Subd. 6. new text end

new text begin Criminal and civil penalties. new text end

new text begin A person who knowingly violates this
section is guilty of a gross misdemeanor punishable by imprisonment of not more than
one year or to payment of a fine of not more than $3,000 or both. This section may be
enforced under section 8.31.
new text end

Sec. 2. new text begin SEVERABILITY.
new text end

new text begin If any portion or provision of section 1 is found to be void and unenforceable, the
remainder of section 1 remains in full force and effect.
new text end