Minnesota. Breach notification. Act

MN breach lawMinnesota data breach notification law (Minn. Stat. § 325E.61 (private); § 13.055 (government))

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Minnesota residents to notify affected individuals after a security breach. Core timing rule: Individuals in the most expedient time possible. Covered data: name plus SSN, driver's licence/ID, financial account or card numbers with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

48-hour deadline to notify credit reporting agencies once more than 500 notices are sent; no AG notice for private sector.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Minnesota requires the maintaining entity to notify the owner immediately after discovery. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals in the most expedient time possible; CRAs within 48 hours if >500 notified
DPO
No
Cross-border transfers
None
Maximum penalty
AG enforcement under § 8.31; private remedies available

§3Dates

Key dates
  • Adopted
  • In force
  • No private-sector amendment identified since 2005

§4Text and authority

Text
Authority
Minnesota Attorney General

§5Where it applies

Domestic law of
Minnesota

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.