2006 Minnesota Statutes

325E.59 USE OF SOCIAL SECURITY NUMBERS.
    Subdivision 1. Generally. (a) A person or entity, not including a government entity, may
not do any of the following:
(1) publicly post or publicly display in any manner an individual's Social Security number.
"Publicly post" or "publicly display" means to intentionally communicate or otherwise make
available to the general public;
(2) print an individual's Social Security number on any card required for the individual to
access products or services provided by the person or entity;
(3) require an individual to transmit the individual's Social Security number over the Internet,
unless the connection is secure or the Social Security number is encrypted, except as required by
titles XVIII and XIX of the Social Security Act and by Code of Federal Regulations, title 42,
section 483.20;
(4) require an individual to use the individual's Social Security number to access an Internet
Web site, unless a password or unique personal identification number or other authentication
device is also required to access the Internet Web site;
(5) print a number that the person or entity knows to be an individual's Social Security
number on any materials that are mailed to the individual, unless state or federal law requires the
Social Security number to be on the document to be mailed. If, in connection with a transaction
involving or otherwise relating to an individual, a person or entity receives a number from a third
party, that person or entity is under no duty to inquire or otherwise determine whether the number
is or includes that individual's Social Security number and may print that number on materials
mailed to the individual, unless the person or entity receiving the number has actual knowledge
that the number is or includes the individual's Social Security number;
(6) assign or use a number as the primary account identifier that is identical to or incorporates
an individual's complete Social Security number; or
(7) sell Social Security numbers obtained from individuals in the course of business.
Notwithstanding clauses (1) to (5), Social Security numbers may be included in applications
and forms sent by mail, including documents sent as part of an application or enrollment process,
or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of
the Social Security number. Nothing in this paragraph authorizes inclusion of a Social Security
number on the outside of a mailing or in the bulk mailing of a credit card solicitation offer.
(b) A person or entity, not including a government entity, must restrict access to individual
Social Security numbers it holds so that only employees who require the numbers in order to
perform their job duties have access to the numbers, except as required by titles XVIII and XIX of
the Social Security Act and by Code of Federal Regulations, title 42, section 483.20.
(c) Except as provided in subdivision 2, this section applies only to the use of Social Security
numbers on or after July 1, 2007.
    Subd. 2. Continuation of prior use. A person or entity, not including a government
entity, that has used, prior to July 1, 2007, an individual's Social Security number in a manner
inconsistent with subdivision 1, may continue using that individual's Social Security number in
that manner on or after July 1, 2007, if all the following conditions are met:
(1) the use of the Social Security number is continuous. If the use is stopped for any reason,
subdivision 1 applies;
(2) the individual is provided an annual disclosure, commencing in 2007, that informs the
individual that the individual has the right to stop the use of the individual's Social Security
number in a manner prohibited by subdivision 1;
(3) a written request by an individual to stop the use of the individual's Social Security
number in a manner prohibited by subdivision 1 must be implemented within 30 days of the
receipt of the request. A fee may not be charged for implementing the request; and
(4) a person or entity, not including a government entity, shall not deny services to an
individual because the individual makes a written request pursuant to this subdivision.
    Subd. 3. Coordination with other law. This section does not prevent the collection, use,
or release of a Social Security number as required by state or federal law or the use of a Social
Security number for internal verification or administrative purposes.
    Subd. 4. Public records. This section does not apply to documents that are recorded or
required to be open to the public under chapter 13 or by other law.
    Subd. 5. Definitions. For purposes of this section, "government entity" has the meaning
given in section 13.02, subdivision 7a, but does not include the Minnesota state colleges and
universities or the University of Minnesota.
History: 2005 c 163 s 85; 2006 c 253 s 19

NOTE: This section, as added by Laws 2005, chapter 163, section 85, is effective July 1,
2007. Laws 2005, chapter 163, section 85, the effective date.