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Can I use customer data for marketing purposes without violating privacy laws in Minnesota? What are the requirements?

Using Customer Data for Marketing Purposes in Minnesota

To use customer data for marketing purposes in Minnesota, you must comply with the state’s data privacy laws. The Minnesota Government Data Practices Act (MGDPA) governs the collection, use, and dissemination of government data, including customer data [1.1].

Under the MGDPA, customer data is classified as private data, which means that it is not public and can only be accessed by authorized individuals for specific purposes [1.1]. To use customer data for marketing purposes, you must obtain the customer’s informed, voluntary, and specific consent [1.1]. This means that the customer must be informed about the purpose of the data collection, the types of data that will be collected, and how the data will be used. The consent must also be voluntary, which means that the customer must be able to refuse to provide consent without any negative consequences. Finally, the consent must be specific, which means that it must be limited to the specific purpose for which the data will be used.

In addition to obtaining consent, you must take steps to protect the privacy and security of the customer data. This includes implementing appropriate technical and organizational measures to prevent unauthorized access, use, or disclosure of the data. You must also ensure that the data is accurate, complete, and up-to-date [1.1].

Other Relevant Minnesota Data Privacy Laws

There are other Minnesota data privacy laws that may be relevant to the use of customer data for marketing purposes. For example, the Minnesota Consumer Fraud Act prohibits deceptive trade practices, including false or misleading advertising [2.1]. Additionally, the Minnesota Personal Information Privacy Act requires businesses to notify individuals in the event of a data breach that involves their personal information [2.1].

Conclusion

To use customer data for marketing purposes in Minnesota, you must obtain the customer’s informed, voluntary, and specific consent and take steps to protect the privacy and security of the data. Other relevant Minnesota data privacy laws may also apply. Failure to comply with these requirements may result in legal liability under the MGDPA or other applicable laws.

Source(s):
Jurisdiction

Minnesota