Minnesota HF 1892: Consumer's consent required prior to collecting personal information.

Bill Text

1.1 A bill for an act​
1.2 relating to consumer data privacy; requiring a consumer's consent prior to collecting​
1.3 personal information; proposing coding for new law in Minnesota Statutes, chapter​
1.4 325M.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. [325M.10] CONSENT REQUIRED FOR COLLECTION OF PERSONAL​
1.7 INFORMATION.​
1.8 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have​
1.9 the meanings given.​
1.10 (b) "Business" means an individual, corporation, business trust, estate, trust, partnership,​
1.11 limited liability company, association, joint venture, or any other legal or commercial entity​
1.12 that is organized or operated for the profit or financial benefit of the business's shareholders​
1.13 or other owners.​
1.14 (c) "Consent" means any freely given, specific, informed, and unambiguous indication​
1.15 of the consumer's wishes by which the consumer signifies agreement to the collection of​
1.16 personal data relating to the consumer.​
1.17 (d) "Consumer" means a natural person who is a Minnesota resident acting only in an​
1.18 individual or household context. It does not include a natural person acting in a commercial​
1.19 or employment context.​
1.20 (e) "Personal information" means information that identifies, relates to, describes, is​
1.21 capable of being associated with, or could reasonably be linked, directly or indirectly, with​
1.22 a particular consumer.​
1​Section 1.​
REVISOR JFK/JL 23-02143​01/19/23 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No. 1892​
NINETY-THIRD SESSION​
Authored by Hudson​02/16/2023​
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy​

2.1 Subd. 2.Application.This section applies to businesses that conduct business in​
2.2 Minnesota or produce products or services that are targeted to residents of Minnesota.​
2.3 Subd. 3.Consent required.(a) A business must not collect, use, or disclose a consumer's​
2.4 personal information without the consumer's consent.​
2.5 (b) In order to receive the consumer's consent, the business must, at or before the point​
2.6 of collection of the consumer's personal information, notify the consumer of:​
2.7 (1) the categories of personal information the business collects about the consumer;​
2.8 (2) the categories of sources from which the business collects the personal information;​
2.9 (3) for each category of personal information, the purpose for collecting the personal​
2.10 information; and​
2.11 (4) for each category of personal information, the categories of persons to which the​
2.12 personal information may be disclosed and the purpose for the disclosure.​
2.13 (c) A business must not collect additional categories of personal information, use personal​
2.14 information collected for additional purposes, or disclose additional personal information​
2.15 without notifying the consumer consistent with paragraph (b) and receiving the consumer's​
2.16 consent consistent with paragraph (a) regarding the additional categories, purposes, or​
2.17 disclosures.​
2.18 Subd. 4.Enforcement.(a) The attorney general may seek the penalties and remedies​
2.19 available under section 8.31 against a business who violates this section. If the state prevails​
2.20 in an action to enforce this section, the state may be allowed an amount determined by the​
2.21 court to be the reasonable value of all or part of the state's litigation expenses incurred.​
2.22 (b) A business that violates this section is liable to a consumer who suffers any damage​
2.23 as a result of the violation, and the damaged consumer may bring an action against the​
2.24 responsible business to cover any damages sustained, plus costs and reasonable attorney​
2.25 fees.​
2.26 (c) In addition to other remedies provided by law or equity, a business that violates this​
2.27 section is subject to an injunction and liable for a civil penalty of not more than $7,500 for​
2.28 each violation.​
2.29 Sec. 2. REVISOR INSTRUCTION.​
2.30 In Minnesota Statutes, sections 325M.01 to 325M.09, the revisor of statutes shall change​
2.31 the term "this chapter" and similar terms to "sections 325M.01 to 325M.09" or similar terms.​
2.32 The revisor shall also make grammatical changes related to the changes in terms.​
2​Sec. 2.​
REVISOR JFK/JL 23-02143​01/19/23 ​

3.1 Sec. 3. EFFECTIVE DATE.​
3.2 This act is effective July 31, 2025.​
3​Sec. 3.​
REVISOR JFK/JL 23-02143​01/19/23 ​