HF 424

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:17pm

A bill for an act
relating to data privacy; establishing neurodata rights; modifying certain crimes
to add neurodata elements; providing civil and criminal penalties; amending
Minnesota Statutes 2020, sections 13.04, by adding a subdivision; 609.88,
subdivision 2; 609.891, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2020, section 13.04, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Right to mental data. new text end

new text begin (a) An individual has the right to mental privacy. A
government entity must not, without informed consent, collect data transcribed directly
from brain activity.
new text end

new text begin (b) An individual has the right to cognitive liberty. A government entity must not interfere
with the free and competent decision making of the individual when making neurotechnology
decisions.
new text end

Sec. 2.

new text begin [325E.80] NEUROTECHNOLOGY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Brain-computer interface" means a device that enables its user to interact with a
computer by means of brain activity only.
new text end

new text begin (c) "Consciousness bypass" means the use of neurotechnology to manipulate brain
activity by applying electrical or optical stimuli without the conscious awareness of the
person whose brain activity is being manipulated.
new text end

new text begin (d) "Neurotechnology" means the assembly of methods and instruments that enable a
direct connection of technical components with the nervous system.
new text end

new text begin Subd. 2. new text end

new text begin Neurotechnology rights. new text end

new text begin (a) An individual has the right to change one's
decisions regarding neurotechnology and the right to determine by what means to change
that decision.
new text end

new text begin (b) An individual has the right to mental integrity and is afforded protection from
neurotechnological interventions of the mind and from unauthorized access to or manipulation
of an individual's brain activity.
new text end

new text begin (c) An individual has the right to psychological continuity and is afforded protection
from unauthorized neurotechnological alterations in mental functions critical to personality.
new text end

new text begin Subd. 3. new text end

new text begin Data collection consent. new text end

new text begin Each time an individual connects to a brain-computer
interface, the company responsible for recording and storing the data must provide notice
of (1) the uses that the data may be used for by the company, and (2) the third parties with
which the data will be shared. Before the data may be used or shared, the individual must
provide consent for each use and third party. The individual must approve each use and
third party using a separate consent form.
new text end

new text begin Subd. 4. new text end

new text begin Consciousness bypass prohibition. new text end

new text begin (a) Except as provided in paragraph (b),
a company must not use a brain-computer interface to bypass conscious decision making
by the individual.
new text end

new text begin (b) An individual may provide informed consent before a medical procedure designed
to bypass conscious decision making. Consent obtained by using a consciousness bypass
is not informed consent.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement; civil penalty. new text end

new text begin A company that violates subdivision 3 or 4 is
subject to a civil penalty of up to $10,000 per incident. The attorney general may bring an
action in the name of the state in a court of competent jurisdiction to recover civil penalties
as provided in this subdivision.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.88, subdivision 2, is amended to read:

Subd. 2.

Penalty.

Whoever commits computer damage may be sentenced as follows:

(a) to imprisonment for not more than ten years or to payment of a fine of not more than
$50,000, or both, if new text begin :
new text end

new text begin (1) new text end the damage, destruction new text begin , new text end or alteration results in a loss in excess of $2,500, to the
owner, or the owner's agent, or lessee; new text begin or
new text end

new text begin (2) the damage, destruction, or alteration occurs to a computer having a brain-computer
interface, regardless of the value of the loss;
new text end

(b) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the damage, destruction or alteration results in a loss of more than
$500, but not more than $2,500 to the owner, or the owner's agent or lessee; or

(c) in all other cases to imprisonment for not more than 90 days or to payment of a fine
of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for crimes committed on or after August
1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.891, subdivision 3, is amended to read:

Subd. 3.

Gross misdemeanor.

(a) A person who violates subdivision 1 in a manner that
creates a risk to public health and safety is guilty of a gross misdemeanor and may be
sentenced to imprisonment for a term of not more than one year or to payment of a fine of
not more than $3,000, or both.

(b) A person who violates subdivision 1 in a manner that compromises the security of
data that are protected under section 609.52, subdivision 2, paragraph (a), clause (8), or are
not public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor
and may be sentenced under paragraph (a).

(c) A person who violates subdivision 1 and gains access to personal data is guilty of a
gross misdemeanor and may be sentenced under paragraph (a).

(d) A person who is convicted of a second or subsequent misdemeanor violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced
under paragraph (a).

(e) A person who violates subdivision 1 by accessing, or attempting to access, an
electronic terminal through opening, or attempting to open, any panel or access door without
authorization is guilty of a gross misdemeanor and may be sentenced under paragraph (a).

new text begin (f) A person who violates subdivision 1 and gains access to a system that includes a
brain-computer interface is guilty of a gross misdemeanor and may be sentenced under
paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for crimes committed on or after August
1, 2021.
new text end