Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
325M.04 WHEN DISCLOSURE OF PERSONAL INFORMATION PERMITTED;
AUTHORIZATION.
Subdivision 1. Conditions of disclosure. An Internet service provider may 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 provider;
(2) another Internet service provider for purposes of reporting or preventing violations of the
published acceptable use policy or customer service agreement of the Internet service provider;
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. The Internet service provider may 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, a 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.
History: 2002 c 395 art 1 s 4
NOTE: This section, as added by Laws 2002, chapter 395, article 1, section 4, is effective
March 1, 2003, and expires on the effective date of federal legislation that preempts state
regulation of the release of personally identifiable information by Internet service providers.
Laws 2002, chapter 395, article 1, section 11.
AUTHORIZATION.
Subdivision 1. Conditions of disclosure. An Internet service provider may 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 provider;
(2) another Internet service provider for purposes of reporting or preventing violations of the
published acceptable use policy or customer service agreement of the Internet service provider;
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. The Internet service provider may 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, a 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.
History: 2002 c 395 art 1 s 4
NOTE: This section, as added by Laws 2002, chapter 395, article 1, section 4, is effective
March 1, 2003, and expires on the effective date of federal legislation that preempts state
regulation of the release of personally identifiable information by Internet service providers.
Laws 2002, chapter 395, article 1, section 11.
Official Publication of the State of Minnesota
Revisor of Statutes