1.1 	A bill for an act
1.2 	relating to consumer protection; prohibiting the sale
1.3 	of children's personally identifiable information for
1.4 	commercial marketing purposes; proposing coding for
1.5 	new law in Minnesota Statutes, chapter 325G.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [325G.56] DEFINITIONS.
1.8 		Subdivision 1.Scope. For purposes of sections 325G.56
1.9 	to 325G.563, the terms defined in this section have the meanings
1.10 	given them.
1.11 		Subd. 2.Child. "Child" means a person under the age of
1.12 	18.
1.13 		Subd. 3.Express consent. "Express consent" means an
1.14 	affirmative indication of permission in writing or electronic
1.15 	form.  The term does not include consent inferred from failure
1.16 	to indicate affirmatively that consent is denied or withheld.
1.17 		Subd. 4.Marketing. "Marketing" means making a
1.18 	communication to encourage the purchase or use of a commercial
1.19 	product or service.  A product or service is commercial if some
1.20 	or all of the proceeds from the sale inure to the benefit of an
1.21 	enterprise conducted for profit.
1.22 		Subd. 5.Parent. "Parent" includes a legal guardian.
1.23 		Subd. 6.Personal information. "Personal information"
1.24 	means a child's first name or first initial and last name in
1.25 	combination with any one or more of the following data elements:
2.1 	(1) Social Security number;
2.2 	(2) Minnesota or other state-issued identification card
2.3 	number;
2.4 	(3) Account number, security code, access code, or password
2.5 	that would permit access to the child's bank or other financial
2.6 	accounts;
2.7 	(4) Home address;
2.8 	(5) Home or cellular telephone number;
2.9 	(6) Age or year in school; or 
2.10 	(7) E-mail address or online user name.

2.11 	Sec. 2. [325G.561] RESTRICTION ON SALE OR PURCHASE OF
2.12 	CHILDREN'S PERSONAL INFORMATION.
2.13 		Subdivision 1.Sale prohibited. It is unlawful to sell
2.14 	personal information about an individual that the seller knows
2.15 	to be a child residing in Minnesota.
2.16 		Subd. 2.Purchase prohibited. It is unlawful to purchase
2.17 	personal information about an individual identified by the
2.18 	seller as a child residing in Minnesota for the purpose of
2.19 	marketing to that child.

2.20 	Sec. 3. [325G.562] EXCEPTION.
2.21 	Section 325G.561 does not apply to the sale, purchase, or
2.22 	use of a child's personal information if the parent or guardian
2.23 	of that child has granted express consent to the sale, purchase,
2.24 	or use of that child's personal information.

2.25 	Sec. 4. [325G.563] PENALTY.
2.26 	A person found to have violated sections 325G.56 to
2.27 	325G.562 is subject to the penalties and remedies provided in
2.28 	section 8.31.

2.29 	Sec. 5. EFFECTIVE DATE.
 2.30 	Sections 1 to 4 are effective January 1, 2006.