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Minnesota Consumer Data Privacy Act - In Committe

UPDATE

The Minnesota House of Representatives introduced a comprehensive consumer privacy bill (HF 1492) on February 22, 2021. If passed the Minnesota Consumer Data Privacy Act (MCDPA) would apply to any entity that conducts business in Minnesota or produces products or services targeted to residents of Minnesota, and either 1) controls or processes personal data of 100,000 consumers or more in a calendar year or 2) derives over 25% of its gross revenue from the sale of personal data and processes or controls personal data of at least 25,000 consumers.

Other Notes:  The bill does not currently contain a private right of action and would be enforced by the Minnesota Attorney General.  Violations of the MCDPA are subject to injunctive relief and civil penalties of up to $7,500 per violation.  As currently written, the bill’s current effective date is July 31, 2022.

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The Minnesota Consumer Data Privacy Act, a combination of House File 3936 and Senate File 4247 was introduced in both chambers in March 2020.

These bills would give consumers the following rights pertaining to their data:  right to access, correction, deletion, and opt out.  Controllers and processors would have requirements regarding transparency, how the data is used, and non-discrimination policies.  They would also establish a processes for the exercise of consumer rights, facial recognition provisions, and exclude the creation of a private right of action.

If approved, the bills would enter into effect July 31, 2021.

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