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Minnesota Data Breach Laws: Reporting Requirements and Fines

In the state of Minnesota, any business that experiences a data breach involving unencrypted personal information is legally required to notify affected residents as soon as possible by phone or mail. If the security breach affects more than 500,000 people, or the cost of notification exceeds $250,000, other means of notification must be used (e.g., public service announcements, email, and website posting). When breaches impact more than 500 people, consumer-reporting agencies must be notified within 48 hours.

Name of Law / Statute

N/A

Definition of Protected Information

Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes.

Who Is Subject to Law?

Any person or business conducting business in the state who licenses or owns PI

Notification of Consumers?

Yes

By what means?

Written or electronic

Substitute Notice Threshold?

If cost of notice >$250,000 or involves >500k residents

Notification of authorities / regulators required?

No

By what means?

N/A

Regulatory Fines

N/A

Credit monitoring requirement?

No

Private lawsuits allowed?

Yes

Private damages cap?

N/A

Regulatory actions allowed?

N/A

HIPAA Compliance exemption?

Yes

Other  (e.g., timeframe)

Law does not apply if PI was encrypted

Link to complete law

https://www.revisor.mn.gov/statutes/?id=325E.61

Read the full text of Minnesota’s data breach law for more information.

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