1.1 	A bill for an act
1.2 	relating to telecommunications; regulating customer call records; prohibiting 
1.3 	the sale of telecommunications customer call information without the 
1.4 	prior, affirmative authorization of the customer; providing a duty to secure 
1.5 	telecommunications customer call information; prescribing criminal and civil 
1.6 	penalties;proposing coding for new law in Minnesota Statutes, chapter 325E.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [325E.319] PROHIBITING SALE OF TELECOMMUNICATIONS 
1.9 	CALL INFORMATION; REQUIRING SECURITY.
1.10 		Subdivision 1.Definitions. For purposes of this section, the terms in this subdivision 
1.11 	have the meanings given them.
1.12 	(a) "Customer call information" means individually identifiable information about 
1.13 	calls made and received by a telecommunications customer including information 
1.14 	regarding the identity of persons called or from whom calls were received, the length and 
1.15 	dates of calls, and the telephone number or numbers assigned to the customer.
1.16 	(b) "Person" includes:
1.17 	(1) an individual;
1.18 	(2) a commercial or business entity, however organized, including, but not limited 
1.19 	to, a firm, company, limited liability company, partnership, limited liability partnership, 
1.20 	corporation, or cooperative; and
1.21 	(3) a political subdivision, including a county, statutory or home rule charter city, 
1.22 	or town;
1.23 	(c) "Subscriber list information" has the meaning given in United States Code, 
1.24 	title 47, section 222.
2.1 	(d) "Telecommunications" means the transmission, between or among points 
2.2 	specified by the user, of information of the user's choosing, without change in the form or 
2.3 	content of the information as sent or received.
2.4 	(e) "Telecommunications customer" means an individual or entity or authorized 
2.5 	representative of an entity to whom a telecommunications service provider is providing or 
2.6 	has provided a telecommunications service.
2.7 	(f) "Telecommunications service" means the offering of telecommunications for a 
2.8 	fee directly to the public, or to classes of users so as to be effectively available directly to 
2.9 	the public, regardless of the facilities used.
2.10 	(g) "Telecommunications service provider" means a provider of a 
2.11 	telecommunications service, including an independent telephone company, 
2.12 	telephone company, or telecommunications carrier; a municipality that provides a 
2.13 	telecommunications service; or a commercial mobile radio service provider or other 
2.14 	wireless telecommunications service provider.
2.15 		Subd. 2.Prohibiting sale of customer call information without prior, affirmative 
2.16 	customer consent. (a) Except as provided in paragraphs (b) and (c), no person may sell 
2.17 	the customer call information of a telecommunications customer without prior express 
2.18 	affirmative consent from the telecommunications customer.
2.19 	(b) Nothing in this section prohibits the sale of subscriber list information to the 
2.20 	extent permitted by federal law.
2.21 	(c) Nothing in this section prohibits the sale of directory assistance data for directory 
2.22 	assistance purposes to the extent permitted by federal or state law.
2.23 		Subd. 3.Customer notice and consent form. (a) Before requesting authorization 
2.24 	to sell customer call information, the person requesting the consent shall notify the 
2.25 	telecommunications customer of the customer's right to prohibit the sale of customer 
2.26 	call information. The person shall provide the notice in writing directly to the 
2.27 	telecommunications customer. The notice must be labeled "IMPORTANT PRIVACY 
2.28 	INFORMATION." The notice must clearly and conspicuously state that the person is 
2.29 	requesting to sell customer call information of the telecommunications customer and 
2.30 	provide sufficient information to enable the telecommunications customer to make an 
2.31 	informed decision as to whether to consent to the sale.
2.32 	(b) A consent to the sale of customer call information must be in writing and signed 
2.33 	by the telecommunications customer. The consent must be contained on a separate page 
2.34 	that clearly and conspicuously discloses and allows the customer to specify:
2.35 	(1) the time during which the consent is effective, which may not be longer than 
2.36 	five years;
3.1 	(2) each category of customer call information that may be sold; and
3.2 	(3) the purposes for which the information may be sold.
3.3 	(c) Any person obtaining prior express affirmative consent from a 
3.4 	telecommunications customer shall notify each telecommunications customer annually of 
3.5 	any currently valid consents the customer has executed. A consent must be maintained for 
3.6 	as long as it is effective.
3.7 		Subd. 4.Applicability. Subdivisions 1 to 3 apply to all persons seeking to sell 
3.8 	customer call information, not only to telecommunications service providers.
3.9 		Subd. 5.Duty to secure privacy of telecommunications customer call 
3.10 	information. A telecommunications service provider shall secure the privacy of customer 
3.11 	call information by adopting a comprehensive written information security program that 
3.12 	includes administrative, technical, and physical safeguards for customer call information 
3.13 	appropriate to the telecommunications service provider's size and complexity and the 
3.14 	nature and scope of its activities.
3.15 		Subd. 6.Criminal and civil penalties. A person who knowingly violates this 
3.16 	section is guilty of a gross misdemeanor punishable by imprisonment of not more than 
3.17 	one year or to payment of a fine of not more than $3,000 or both. This section may be 
3.18 	enforced under section 8.31.

3.19 	Sec. 2. SEVERABILITY.
 3.20 	If any portion or provision of section 1 is found to be void and unenforceable, the 
3.21 	remainder of section 1 remains in full force and effect.