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Minnesota Legislature

Office of the Revisor of Statutes

SF 1553

as introduced - 91st Legislature (2019 - 2020) Posted on 02/21/2019 02:52pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to commerce; requiring telecommunications service providers to comply
with Internet privacy requirements; defining terms and modifying definitions;
requiring express approval of disclosure of personally identifiable information;
increasing civil liability threshold; amending Minnesota Statutes 2018, sections
325M.01; 325M.02; 325M.03; 325M.04; 325M.05; 325M.07; 325M.08.

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

Section 1.

Minnesota Statutes 2018, section 325M.01, is amended to read:


325M.01 DEFINITIONS.

Subdivision 1.

Scope.

The terms used in this chapter have the meanings given them in
this section.

Subd. 2.

Consumer.

"Consumer" means a person who deleted text beginagrees to pay a fee to an Internet
service provider for access to the Internet for personal, family, or household purposes, and
who does not resell access.
deleted text endnew text begin provides, knowingly or unknowingly, personally identifiable
information to an Internet service provider or telecommunications service provider, with
or without an exchange of consideration.
new text end

new text begin Subd. 2a. new text end

new text begin Express approval. new text end

new text begin "Express approval" means an affirmative act of the
consumer provided in writing or by electronic means. The affirmative act providing express
approval must be made in a document or form separate and distinct from any document or
form setting forth other legal or financial obligations of the customer and that contains no
approval by a consumer of any other contractual provision.
new text end

Subd. 3.

Internet service provider.

"Internet service provider" means a business or
person who provides deleted text beginconsumers authenticateddeleted text end access todeleted text begin, or presence on,deleted text end the Internet deleted text beginby
means of a switched or dedicated telecommunications channel upon which the provider
provides transit routing of Internet Protocol (IP) packets for and on behalf of the consumer.
Internet service provider does not include the offering, on a common carrier basis, of
telecommunications facilities or of telecommunications by means of these facilities
deleted text end.

Subd. 4.

Ordinary course of business.

"Ordinary course of business" means
debt-collection activities, order fulfillment, request processing, or the transfer of ownership.

Subd. 5.

Personally identifiable information.

"Personally identifiable information"
means information that identifies:

(1) a consumer new text beginor the consumer's spouse or children, new text endby physical or electronic address
deleted text begin ordeleted text endnew text begin,new text end telephone numbernew text begin, name, date of birth, Social Security number, or other information
that would allow another person to identify the consumer, consumer's spouse, or children
new text end;

(2) a consumer as having requested or obtained specific materials or services from an
Internet service providernew text begin, telecommunications service provider, or any other entitynew text end;

(3) Internet deleted text beginor onlinedeleted text end sites deleted text beginvisiteddeleted text endnew text begin or browsing cache, cookies, or history of a consumer,
including the content on an Internet site viewed
new text end by a consumer; deleted text beginor
deleted text end

(4) any of the contents of a consumer's data-storage devicesdeleted text begin.deleted text endnew text begin or the Internet protocol
address associated with an electronic device that belongs to the consumer;
new text end

new text begin (5) a consumer's occupation, credit history, financial account information, medical
history, political party affiliation, disability, or other status protected under chapter 363A;
new text end

new text begin (6) the physical location of a consumer at any time; or
new text end

new text begin (7) a consumer, or the consumer's spouse or children, by aggregating any personal
information to create a profile of that person.
new text end

new text begin Subd. 6. new text end

new text begin Telecommunications service provider. new text end

new text begin "Telecommunications service provider"
has the meaning given in section 237.01, subdivision 6b.
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

Sec. 2.

Minnesota Statutes 2018, section 325M.02, is amended to read:


325M.02 WHEN DISCLOSURE OF PERSONAL INFORMATION PROHIBITED.

Except as provided in sections 325M.03 and 325M.04, an Internet service provider new text beginor
telecommunications service provider
new text endmay not knowingly disclose personally identifiable
information concerning a consumer of the Internet service providernew text begin or telecommunications
service provider
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

Sec. 3.

Minnesota Statutes 2018, section 325M.03, is amended to read:


325M.03 WHEN DISCLOSURE OF PERSONAL INFORMATION REQUIRED.

An Internet service provider new text beginor telecommunications service provider new text endshall disclose
personally identifiable information concerning a consumer:

(1) pursuant to a grand jury subpoena;

(2) to an investigative or law enforcement officer as defined in section 626A.01,
subdivision 7
, while acting as authorized by law;

(3) pursuant to a court order in a civil proceeding upon a showing of compelling need
for the information that cannot be accommodated by other means;

(4) to a court in a civil action for conversion commenced by the Internet service provider
or in a civil action to enforce collection of unpaid subscription fees or purchase amounts,
and then only to the extent necessary to establish the fact of the subscription delinquency
or purchase agreement, and with appropriate safeguards against unauthorized disclosure;

(5) to the consumer who is the subject of the information, upon written or electronic
request and upon payment of a fee not to exceed the actual cost of retrieving the information;

(6) pursuant to subpoena, including an administrative subpoena, issued under authority
of a law of this state or another state or the United States; or

(7) pursuant to a warrant or court order.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2018, section 325M.04, is amended to read:


325M.04 WHEN DISCLOSURE OF PERSONAL INFORMATION PERMITTED;
AUTHORIZATION.

Subdivision 1.

Conditions of disclosure.

An Internet service provider new text beginor
telecommunications service provider
new text endmay disclose personally identifiable information
concerning a consumer to:

(1) any person if the disclosure is incident to the ordinary course of business of the
Internet service providernew text begin or telecommunications service providernew text end;

(2) another Internet service provider new text beginor telecommunications service provider new text endfor purposes
of reporting or preventing violations of the published acceptable use policy or customer
service agreement of the Internet service providernew text begin or telecommunications service providernew text end;
except that the recipient may further disclose the personally identifiable information only
as provided by this chapter;

(3) any person with the authorization of the consumer; or

(4) as provided by section 626A.27.

Subd. 2.

Authorization.

deleted text beginThedeleted text endnew text begin Annew text end Internet service provider new text beginor telecommunications service
provider
new text endmay obtain the consumer's authorization of the disclosure of personally identifiable
information in writing or by electronic means. The request for authorization must reasonably
describe the types of persons to whom personally identifiable information may be disclosed
and the anticipated uses of the information. In order for an authorization to be effective, deleted text begina
contract between an Internet service provider and the consumer must state either that the
authorization will be obtained by an affirmative act of the consumer or that failure of the
consumer to object after the request has been made constitutes authorization of disclosure.
The provision in the contract must be conspicuous. Authorization may be obtained in a
manner consistent with self-regulating guidelines issued by representatives of the Internet
service provider or online industries, or in any other manner reasonably designed to comply
with this subdivision.
deleted text endnew text begin the consumer must provide express approval to the Internet service
provider or telecommunications service provider.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition. new text end

new text begin An Internet service provider or telecommunications service
provider shall not refuse to provide service to, charge a higher rate to, impose a higher fee
on, include an additional charge to, or otherwise penalize or discriminate against, a customer
solely because the customer does not provide express approval for the disclosure of personally
identifiable data under this section.
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

Sec. 5.

Minnesota Statutes 2018, section 325M.05, is amended to read:


325M.05 SECURITY OF INFORMATION.

deleted text begin Thedeleted text endnew text begin Annew text end Internet service provider new text beginor telecommunications service provider new text endshall take
reasonable steps to maintain the security and privacy of a consumer's personally identifiable
information. The Internet service provider new text beginor telecommunications service provider new text endis not
liable for actions that would constitute a violation of section 609.88, 609.89, or 609.891, if
the Internet service provider new text beginor telecommunications service provider new text enddoes not participate
in, authorize, or approve the actions.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2018, section 325M.07, is amended to read:


325M.07 ENFORCEMENT; CIVIL LIABILITY; DEFENSE.

A consumer who prevails or substantially prevails in an action brought under this chapter
is entitled to the greater of deleted text begin$500deleted text endnew text begin $1,000new text end or actual damages. Costs, disbursements, and
reasonable attorney fees may be awarded to a party awarded damages for a violation of this
section. No class action shall be brought under this chapter.

In an action under this chapter, it is a defense that the defendant has established and
implemented reasonable practices and procedures to prevent violations of this chapter.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2018, section 325M.08, is amended to read:


325M.08 OTHER LAW.

This chapter does not limit any greater protection of the privacy of information under
other law, except thatdeleted text begin:
deleted text end

deleted text begin (1)deleted text end nothing in this chapter limits the authority under other state or federal law of law
enforcement or prosecuting authorities to obtain informationdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) if federal law is enacted that regulates the release of personally identifiable information
by Internet service providers but does not preempt state law on the subject, the federal law
supersedes any conflicting provisions of this chapter.
deleted 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