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Can I collect personal information from my customers in California in Minnesota? What are the requirements?

Collecting Personal Information from Customers in California while being located in Minnesota

If you are collecting personal information from customers in California while being located in Minnesota, you may be subject to the California Consumer Privacy Act (CCPA) [1.1][1.2][1.3][1.4]. The CCPA applies to any business that collects personal information from California residents and meets certain criteria, regardless of where the business is located [1.1].

However, if your business is located in Minnesota, it may still be subject to the CCPA if it meets certain criteria, such as having annual gross revenues over $25 million, buying, selling, or sharing the personal information of 50,000 or more California residents, households, or devices for commercial purposes, or deriving 50% or more of its annual revenue from selling California residents’ personal information [1.1].

If your business is subject to the CCPA, it must provide California residents with certain notices and disclosures regarding the collection, use, and sharing of their personal information, as well as provide them with certain rights, such as the right to access, delete, and opt-out of the sale of their personal information [1.1][1.4]. The business must also ensure that it only collects personal information that is relevant and necessary to accomplish a purpose required or authorized by law [1.1].

Furthermore, the collection, use, retention, and/or sharing of a consumer’s personal information shall be reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed [2.1]. The purpose(s) for which the personal information was collected or processed shall be consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [2.1]. The consumer’s (or consumers’) reasonable expectations concerning the purpose for which their personal information will be collected or processed shall be based on several factors, such as the relationship between the consumer(s) and the business, the type, nature, and amount of personal information that the business seeks to collect or process, the source of the personal information and the business’s method for collecting or processing it, the specificity, explicitness, prominence, and clarity of disclosures to the consumer(s) about the purpose for collecting or processing their personal information, and the degree to which the involvement of service providers, contractors, third parties, or other entities in the collecting or processing of personal information is apparent to the consumer(s) [2.1].

In summary, if you are collecting personal information from customers in California while being located in Minnesota, you may be subject to the CCPA. You must comply with the CCPA’s notice and disclosure requirements, provide California residents with certain rights, and only collect personal information that is relevant and necessary to accomplish a purpose required or authorized by law. Additionally, you must ensure that the collection, use, retention, and/or sharing of a consumer’s personal information is reasonably necessary and proportionate to achieve the purpose(s) for which the personal information was collected or processed, and that the purpose(s) for which the personal information was collected or processed is consistent with the reasonable expectations of the consumer(s) whose personal information is collected or processed [1.1][2.1][1.4].

Please note that this response is based solely on the information provided in the query and the context documents. If you have any further questions or concerns, it is recommended that you consult with a legal professional.

Source(s):
Jurisdiction

Minnesota, California