Quick Facts
Breach Based on Harm Threshold: No
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: No
Scope of this Summary:
Notification requirements applicable to persons or businesses that conduct business in Minnesota and own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
N/A
Breach Defined
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or secured by another method of technology that renders it unreadable or unusable, so long as the encryption key is not also acquired.
Form of Covered Information
Electronic Only
Covered Information
An individual's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or Minnesota identification card number.
- 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.
Consumer Notice Timing
Must be made in most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach, identify those affected, and restore the reasonable integrity of the system.
Consumer Notice Method
By written notice, or electronic notice if the primary method of communication with the resident or if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content Requirements are not specified.
Delayed Notice
Notification may be delayed to a specific date if law enforcement determines notice may impede a criminal investigation.
Government Notice
The Minnesota general data breach notification statute does not require notice to any government or regulatory agency.
Consumer Reporting Agency Notice
If more than 500 residents are notified, entity must notify the major Consumer Reporting Agencies within 48 hours of consumer notice of the timing, distribution, and content of the notices.
Exceptions for Other Laws
The statute includes certain exceptions for covered entities that comply with the Gramm-Leach-Bliley Act (GLBA) or the Health Insurance Portability and Accountability Act (HIPAA).
Third-Party Notice
If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach if covered data was or is reasonably believed to have been acquired by an unauthorized person.
Private Right of Action
The Minnesota general data breach notification statute does provide for a private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023