Minnesota HF 2257: Minnesota Age-Appropriate Design Code Act created, obligations placed on businesses regarding children's consumer information, and attorney general enforcement provided.

Status: Joint rule 2.03, Deadlines, re-referred to Rules and Legislative Administration (as of 2024-04-18)

State: Minnesota · Session: 2023-2024 · Bill: HF 2257

Subjects: Children and Minors, Consumer Protection, Data Practices and Privacy

Sponsors: Bahner, Bakeberg, Brand, Elkins, Feist, Myers, Nadeau, Stephenson, Tabke

Bill Text

1.1A bill for an act
1.2relating to consumer data privacy; creating the Minnesota Age-Appropriate Design
1.3Code Act; placing obligations on certain businesses regarding children's consumer
1.4information; providing for enforcement by the attorney general; proposing coding
1.5for new law in Minnesota Statutes, chapter 13; proposing coding for new law as
1.6Minnesota Statutes, chapter 325O.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8Section 1. [13.6505] ATTORNEY GENERAL DATA CODED ELSEWHERE.
1.9Subdivision 1.Scope.The sections referred to in this section are codified outside this
1.10chapter. Those sections classify attorney general data as other than public, place restrictions
1.11on access to government data, or involve data sharing.
1.12Subd. 2.Data protection impact assessments.A data protection impact assessment
1.13collected or maintained by the attorney general under section 325O.04, is classified under
1.14subdivision 3 of that section.
1.15Sec. 2. [325O.01] CITATION; CONSTRUCTION.
1.16Subdivision 1.Citation.This chapter may be cited as the "Minnesota Age-Appropriate
1.17Design Code Act."
1.18Subd. 2.Construction.(a) A business that develops and provides online services,
1.19products, or features that children are reasonably likely to access must consider the best
1.20interests of children when designing, developing, and providing that online service, product,
1.21or feature.
1Sec. 2.
REVISORJFKH2257-2HF2257 SECOND ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2257
NINETY-THIRD SESSION
Authored by Bahner, Elkins, Stephenson, Feist, Brand and others02/27/2023
The bill was read for the first time and referred to the Committee on Commerce Finance and Policy
Adoption of Report: Re-referred to the Committee on Judiciary Finance and Civil Law03/06/2023
Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy03/22/2023
Adoption of Report: Amended and re-referred to the Committee on Judiciary Finance and Civil Law02/26/2024
Adoption of Report: Re-referred to the Committee on Ways and Means04/18/2024
Pursuant to Joint Rule 2.03, re-referred to the Committee on Rules and Legislative Administration

2.1(b) If a conflict arises between commercial interests of a business and the best interests
2.2of children likely to access an online product, service, or feature, the business must prioritize
2.3the privacy, safety, and well-being of children over its commercial interests.
2.4Sec. 3. [325O.02] DEFINITIONS.
2.5(a) For purposes of this chapter, the following terms have the meanings given.
2.6(b) "Affiliate" means a legal entity that controls, is controlled by, or is under common
2.7control with, that other legal entity. For these purposes, "control" or "controlled" means:
2.8ownership of, or the power to vote, more than 50 percent of the outstanding shares of any
2.9class of voting security of a company; control in any manner over the election of a majority
2.10of the directors or of individuals exercising similar functions; or the power to exercise a
2.11controlling influence over the management of a company.
2.12(c) "Age-appropriate" means a recognition of the distinct needs and diversities of children
2.13at different age ranges. In order to help support the design of online services, products, and
2.14features, a business should take into account the unique needs and diversities of different
2.15age ranges, including the following developmental stages: zero to five years of age or
2.16"preliterate and early literacy"; six to nine years of age or "core primary school years"; ten
2.17to 12 years of age or "transition years"; 13 to 15 years of age or "early teens"; and 16 to 17
2.18years of age or "approaching adulthood."
2.19(d) "Best interests of children" means the use, by a business, of the personal data of a
2.20child or the design of an online service, product, or feature in a way that:
2.21(1) will not benefit the business to the detriment of the child; and
2.22(2) will not result in:
2.23(i) reasonably foreseeable and material physical or financial harm to the child;
2.24(ii) reasonably foreseeable and severe psychological or emotional harm to the child;
2.25(iii) a highly offensive intrusion on the reasonable privacy expectations of the child; or
2.26(iv) discrimination against the child based upon race, color, religion, national origin,
2.27disability, sex, or sexual orientation.
2.28(e) "Business" means:
2.29(1) a sole proprietorship, partnership, limited liability company, corporation, association,
2.30or other legal entity that is organized or operated for the profit or financial benefit of its
2.31shareholders or other owners; and
2Sec. 3.
REVISORJFKH2257-2HF2257 SECOND ENGROSSMENT

3.1(2) an affiliate of a business that shares common branding with the business. For purpo

View Minnesota HF 2257 on LegisTrack → — full text, sponsors, votes, campaign finance, and cross-state matches.