SF 156

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; clarifying provisions regulating 
  1.3             data on Internet consumers; amending Minnesota 
  1.4             Statutes 2002, sections 325M.01, subdivision 5; 
  1.5             325M.03; 325M.09. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 325M.01, 
  1.8   subdivision 5, is amended to read: 
  1.9      Subd. 5.  [PERSONALLY IDENTIFIABLE INFORMATION.] (a) 
  1.10  "Personally identifiable information" means information that 
  1.11  identifies: 
  1.12     (1) a consumer by physical or electronic address or 
  1.13  telephone number; 
  1.14     (2) a consumer as having requested or obtained specific 
  1.15  materials or services from an Internet service provider; 
  1.16     (3) Internet or online sites visited by a consumer; or 
  1.17     (4) any of the contents of a consumer's data-storage 
  1.18  devices. 
  1.19     (b) Personally identifiable information does not include: 
  1.20     (1) information that is in aggregate or summary form from 
  1.21  which the identity of an individual consumer is not 
  1.22  ascertainable; or 
  1.23     (2) information from which all information identifying a 
  1.24  consumer has been removed and that cannot be combined with other 
  1.25  information to identify the consumer. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 325M.03, is 
  2.2   amended to read: 
  2.3      325M.03 [WHEN DISCLOSURE OF PERSONAL INFORMATION REQUIRED.] 
  2.4      (a) An Internet service provider shall disclose personally 
  2.5   identifiable information concerning a consumer: 
  2.6      (1) pursuant to a grand jury subpoena; 
  2.7      (2) to an investigative or law enforcement officer as 
  2.8   defined in section 626A.01, subdivision 7, while acting as 
  2.9   authorized by law; 
  2.10     (3) pursuant to a court order in a civil proceeding upon a 
  2.11  showing of compelling need for the information that cannot be 
  2.12  accommodated by other means; 
  2.13     (4) to a court in a civil action for conversion commenced 
  2.14  by the Internet service provider or in a civil action to enforce 
  2.15  collection of unpaid subscription fees or purchase amounts, and 
  2.16  then only to the extent necessary to establish the fact of the 
  2.17  subscription delinquency or purchase agreement, and with 
  2.18  appropriate safeguards against unauthorized disclosure; 
  2.19     (5) to the consumer who is the subject of the information, 
  2.20  upon written or electronic request, reasonable authentication of 
  2.21  the consumer's identity, and upon payment of a fee not to exceed 
  2.22  the actual cost of retrieving the information; 
  2.23     (6) pursuant to subpoena, including an administrative 
  2.24  subpoena, issued under authority of a law of this state or 
  2.25  another state or the United States; or 
  2.26     (7) pursuant to a warrant or court order; or 
  2.27     (8) as required by United States Code, title 42, section 
  2.28  13032. 
  2.29     (b) This section does not require an Internet service 
  2.30  provider to create or retrieve information in a format in which 
  2.31  it is not maintained by the Internet service provider at the 
  2.32  time of the request for disclosure.  This section does not 
  2.33  require an Internet service provider to establish or maintain a 
  2.34  system for retrieval of personally identifiable information that 
  2.35  is retained and temporarily stored, used only for system backup 
  2.36  or other technical purposes, and not disclosed to a third party. 
  3.1      Sec. 3.  Minnesota Statutes 2002, section 325M.09, is 
  3.2   amended to read: 
  3.3      325M.09 [APPLICATION.] 
  3.4      This chapter applies to Internet service providers in the 
  3.5   provision of services to consumers in this state.  This chapter 
  3.6   does not apply to activities of an Internet service provider 
  3.7   that are not related to the provision of Internet service 
  3.8   provider services and are regulated by other law in a manner 
  3.9   that is inconsistent with this chapter.  To the extent that a 
  3.10  service other than the provision of Internet services is subject 
  3.11  to other law that is inconsistent with this chapter, the other 
  3.12  law controls.  
  3.13     Sec. 4.  [EFFECTIVE DATE.] 
  3.14     Sections 1 to 3 are effective March 1, 2003.