Cybersecurity Policy Report, Data Privacy Bill on Committee Agenda in Minnesota, (Mar 11, 2024)
The Minnesota state Senate Committee on Judiciary and Public Safety meets March 13 to consider the proposed Minnesota Consumer Data Privacy Act.
SF 2915 would give consumers certain rights related to online data-collection, including the right to confirm whether a controller is processing personal data, the right to correct inaccurate personal data, and the right to delete personal data concerning the consumer. Consumers would also have the right to obtain personal data that the consumer previously provided to a controller in a portable and usable format; the right to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling; and the right to be informed if their personal data is profiled and the right to review the data used in profiling.
The bill specifies that a controller must allow a consumer to “opt out of any processing of the consumer’s personal data for the purposes of targeted advertising, or any sale of such personal data through an opt-out preference signal sent, with such consumer's consent, by a platform, technology, or mechanism to the controller indicating such consumer's intent to opt out of any such processing or sale.”
The bill’s provisions would apply to entities that, during a calendar year, control or process personal data of 100,000 consumers or more; or derive more than 25% of gross revenue from the sale of personal data and process or control personal data of 25,000 consumers or more.
The bill further would require a controller to “conduct, document, and maintain a data privacy and protection assessment that describes the policies and procedures it has adopted to comply with the provisions of this act.”
The state attorney general would be charged with enforcing these provisions. A controller or processor would have 30 days to cure any alleged violation before the attorney general may bring an enforcement action. The right to cure provision would expire on Jan. 31, 2026.
The bill carries an effective date of July 1. It is sponsored by Sen. Bonnie Westlin (D.).
News: StateLegislation DataPrivacy