SF 1109

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to consumer privacy; regulating the use and 
  1.3             dissemination of personally identifiable information 
  1.4             on consumers by interactive services providers; 
  1.5             proposing coding for new law as Minnesota Statutes, 
  1.6             chapter 13D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [13D.01] [DEFINITIONS.] 
  1.9      Subdivision 1.  [SCOPE.] The definitions in this section 
  1.10  apply to this chapter. 
  1.11     Subd. 2.  [CONSUMER.] "Consumer" means a person who agrees 
  1.12  to pay a fee for access to an interactive services provider for 
  1.13  personal, family, or household purposes. 
  1.14     Subd. 3.  [ORDINARY COURSE OF BUSINESS.] "Ordinary course 
  1.15  of business" means debt collection activities, order 
  1.16  fulfillment, request processing, or the transfer of ownership. 
  1.17     Subd. 4.  [PERSONALLY IDENTIFIABLE INFORMATION.] 
  1.18  "Personally identifiable information" means information that 
  1.19  identifies: 
  1.20     (1) a person by physical or electronic address or telephone 
  1.21  number; 
  1.22     (2) a person as having requested or obtained specific 
  1.23  materials or services from an interactive services provider; 
  1.24     (3) Internet or on-line sites visited by a person; or 
  1.25     (4) any of the contents of a person's data storage devices. 
  1.26     Subd. 5.  [INTERACTIVE SERVICES PROVIDER.] "Interactive 
  2.1   services provider" means a person in the primary business of 
  2.2   offering access to on-line or Internet information directly to 
  2.3   or for a consumer via telecommunications.  Interactive services 
  2.4   provider includes electronic publishing but does not include: 
  2.5      (1) a service that is provided to business, professional, 
  2.6   or commercial users; 
  2.7      (2) a use of the capability for the management, control, or 
  2.8   operation of a telecommunications system or the management of a 
  2.9   telecommunications service; or 
  2.10     (3) a governmental entity. 
  2.11     Subd. 6.  [TELECOMMUNICATIONS SERVICE.] "Telecommunications 
  2.12  service" means the offering, on a common carrier basis, of 
  2.13  telecommunications facilities or of telecommunications by means 
  2.14  of these facilities.  It does not include an interactive 
  2.15  services provider. 
  2.16     Sec. 2.  [13D.02] [DISCLOSURE OF CONSUMER'S PERSONALLY 
  2.17  IDENTIFIABLE INFORMATION.] 
  2.18     Subdivision 1.  [DISCLOSURE PROHIBITED.] Except as provided 
  2.19  in subdivisions 2 and 3, an interactive services provider who 
  2.20  knowingly discloses personally identifiable information 
  2.21  concerning a consumer of the interactive services provider is 
  2.22  liable to the consumer for the relief provided in section 13D.03.
  2.23     Subd. 2.  [DISCLOSURE REQUIRED.] An interactive services 
  2.24  provider shall disclose personally identifiable information 
  2.25  concerning a consumer: 
  2.26     (1) to a grand jury pursuant to a grand jury subpoena; 
  2.27     (2) to an investigative or law enforcement officer as 
  2.28  defined in section 626A.01, subdivision 7, carrying out conduct 
  2.29  authorized by chapter 626A or United States Code, title 18, 
  2.30  sections 2510 to 2521; 
  2.31     (3) pursuant to a court order in a civil proceeding upon a 
  2.32  showing of compelling need for the information that cannot be 
  2.33  accommodated by other means; or 
  2.34     (4) to a court in a civil action for conversion commenced 
  2.35  by the interactive services provider or in a civil action to 
  2.36  enforce collection of unpaid subscription fees or purchase 
  3.1   amounts, and then only to the extent necessary to establish the 
  3.2   fact of the subscription delinquency or purchase agreement, and 
  3.3   with appropriate safeguards against unauthorized disclosure. 
  3.4      Subd. 3.  [DISCLOSURE PERMITTED; CONSENT.] (a) An 
  3.5   interactive services provider may disclose personally 
  3.6   identifiable information concerning a consumer to: 
  3.7      (1) the consumer; 
  3.8      (2) any person if the disclosure is incident to the 
  3.9   ordinary course of business of the interactive services 
  3.10  provider; or 
  3.11     (3) any person with the informed consent of the consumer. 
  3.12     (b) The interactive services provider may obtain the 
  3.13  consumer's informed consent to the disclosure of personally 
  3.14  identifiable information in writing or by electronic means.  The 
  3.15  request for consent must reasonably describe the types of 
  3.16  persons to whom personally identifiable information may be 
  3.17  disclosed and anticipated uses of the information. 
  3.18     Subd. 4.  [SECURED ACCOUNT.] The interactive services 
  3.19  provider shall provide the consumer with a secured, verifiable 
  3.20  account.  The interactive services provider shall maintain the 
  3.21  security and privacy of a consumer's personally identifiable 
  3.22  information concerning this account. 
  3.23     Subd. 5.  [EXCLUSION FROM EVIDENCE.] Personally 
  3.24  identifiable information obtained in any manner other than as 
  3.25  provided in this section may not be received in evidence in any 
  3.26  trial, hearing, arbitration, or other proceeding before any 
  3.27  court, grand jury, officer, agency, regulatory body, legislative 
  3.28  committee, or other authority of the state or any political 
  3.29  subdivision. 
  3.30     Sec. 3.  [13D.03] [ENFORCEMENT; CIVIL LIABILITY.] 
  3.31     A consumer who prevails or substantially prevails in an 
  3.32  action brought under sections 13D.01 to 13D.04 is entitled to 
  3.33  the greater of $500 or actual damages, plus costs, 
  3.34  disbursements, and reasonable attorney fees. 
  3.35     Sec. 4.  [13D.04] [OTHER LAW.] 
  3.36     This chapter does not limit any greater protection of the 
  4.1   privacy of information under other law. 
  4.2      Sec. 5.  [13D.05] [APPLICATION.] 
  4.3      This chapter applies to interactive services providers in 
  4.4   the provision of services to consumers in this state.