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Volume XII, Number 279

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Minnesota Mulls Amendments to Data Breach Notification Law

The Minnesota House of Representatives introduced a bill in late February to strengthen Minnesota’s current data breach notification law, Minnesota Statutes Section 325E.61. The bill,  House File No. 2253, was authored by Representative Dan Schoen.  It would require notification within 48 hours to all individuals whose unencrypted personal information has been breached.  The current statute requires notification only in the most expedient time possible and without unreasonable delay.  The proposed amendments also expand the notification requirement to “any individual” instead of “any resident of this state” who is affected.  Other amendments include a requirement to provide credit monitoring and a unique provision that states that if the business required to give notice is a retailer or wholesaler of consumer goods or services, the business must provide a $100 gift card to each individual whose unencrypted personal information was breached. The amendment would also require a business required to give notice to reimburse affected individuals for any charges or fees incurred as a result of the breach.

Minnesota was the epicenter for one of the largest retailer-based data breaches at the beginning of this year. The Minnesota Senate has yet to take action on the bill, and the current session is scheduled to end in late May, so passage is still up in the air. If the Minnesota law is amended, we will update you here.

Jackson Lewis P.C. © 2022National Law Review, Volume IV, Number 124
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About this Author

John Ella, Jackson Lewis, employment contracts attorney, trade secret lawyer, drug testing legal counsel, compete litigation law
Principal

V. John Ella is a Principal in the Minneapolis, Minnesota, office of Jackson Lewis P.C. He practices in all aspects of employment law and advises clients in the areas of employment contracts, handbooks, trade secret and non-compete litigation, drug testing law, privacy law, commission claims, defamation, sexual harassment claims, employment and housing discrimination, plant closings, ERISA benefits litigation, public accommodations under Title III of the Americans with Disabilities Act, wage and hour compliance, whistleblower and Sarbanes-Oxley claims, as well...

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