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Can I avoid having a data breach response plan in Minnesota? What are the requirements?

Data Breach Response Plan Requirements in Minnesota

Based on the context documents provided, it is not possible to avoid having a data breach response plan in Minnesota. The Minnesota Government Data Practices Act requires responsible authorities to establish procedures for access to public and private data, and to establish reasonable measures to assure that access is gained only by authorized parties [1.1][1.4]. Additionally, the responsible authority must determine for each type of record, file, or process whether the data contained therein was collected prior to, on, or subsequent to August 1, 1975, and review earlier records [1.5].

Regarding data breaches, Minnesota Statutes section 13.055 requires that any government entity that becomes aware of a breach of the security of data containing private or confidential information must disclose the breach to affected individuals and the Office of MN.IT Services as soon as possible [2.1]. Therefore, it is recommended that all entities in Minnesota have a data breach response plan in place to comply with these requirements.

The Minnesota Administrative Code also provides additional requirements for access to confidential data, authorizing new purposes for data collection, and data submission requirements [1.2][1.3][3.1]. However, these documents do not provide any information that would suggest that a data breach response plan is not required in Minnesota.

In summary, it is not possible to avoid having a data breach response plan in Minnesota due to the legal requirements outlined in the Minnesota Government Data Practices Act and Minnesota Statutes section 13.055. Therefore, it is recommended that all entities in Minnesota have a data breach response plan in place to comply with these requirements.

Source(s):
Jurisdiction

Minnesota