Data Breach Requirements: Minn. Stat. § 325E.61.
The numbering and internal citations herein are derived from the applicable state statute.
Personal Information
The term “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when the data element is not secured by encryption or another method of technology that makes electronic data unreadable or unusable, or was secured and the encryption key, password, or other means necessary for reading or using the data was also acquired:
(1) Social Security number;
(2) Driver’s license number or Minnesota identification card number; or
(3) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
Security Breach Definition
The term “breach of the security of the system” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business.
Good Faith Exception
Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security system, provided that the personal information is not used or subject to further unauthorized disclosure.
Risk of Harm Analysis
N/A
Notification Timeline
The breach notification must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or with any measures necessary to determine the scope of the breach, identify the individuals affected, and restore the reasonable integrity of the data system.
Security and Investigation Exceptions
The breach notification may be delayed to a date certain if a law enforcement agency affirmatively determines that the notification will impede a criminal investigation.
Notification Content Requirements
N/A
Delivery Methods
A breach notice may be provided by one of the following methods:
(1) written notice to the most recent available address the person or business has in its records;
(2) electronic notice, if the person’s primary method of communication with the individual is by electronic means, or if the notice provided is consistent with the provisions regarding electronic records and signatures in 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act); or
(3) substitute notice, if the person or business demonstrates that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information.
Substitute Notice
Substitute notice must consist of all of the following:
(i) Email notice when the person or business has an email address for the subject persons;
(ii) Conspicuous posting of the notice on the website page of the person or business, if the person or business maintains one; and
(iii) Notification to major statewide media.
Notice to Government Agencies
N/A
Consumer Reporting Agencies
If a person discovers circumstances requiring breach notification of more than 500 persons at one time, the person shall also notify, within 48 hours, all consumer reporting agencies of the timing, distribution, and content of the notices.
Preemption and Compliance
This law does not apply to any “financial institution” as defined by United States Code, Title 15, Section 6809(3).
Data Processor Obligations
Any person or business that maintains data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.