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Can I collect personal information from participants in Minnesota? What are the requirements?

Collecting Personal Information from Participants in Minnesota

Yes, you can collect personal information from participants in Minnesota, but you must comply with the state’s data privacy laws and regulations. Here are some of the requirements you need to consider:

  1. Access to Private Data [4.2]: Access to private data is available only to the subject of such data, individuals within the entity whose work assignments reasonably require access, entities and agencies authorized by statute or federal law to gain access to that specific data, and entities or individuals given access by the express written direction of the data subject.
  2. Informed Consent [1.1]: Before conducting a criminal history check, the authorized law enforcement agency must receive the informed consent of the individual.
  3. Protection of Data [1.1]: The authorized law enforcement agency and the hiring or licensing authority of the city or county must maintain criminal history data securely and act consistently with section 364.05.
  4. Fingerprint Submission and Written Statement of Understanding [1.2]: An individual subject to a national criminal history record information check must provide fingerprints and a written statement of understanding that the fingerprints will be used for a background check to the requesting agency.
  5. Classification of Data [1.2]: All data collected, created, received, maintained, or disseminated by the requesting agency under this section is classified as private data on individuals.
  6. Internal Procedures [5.1]: The secretary of state must establish internal procedures designed to facilitate voting by program participants that minimize the number of persons with access to program participant data while maintaining the integrity of the election process.
  7. Permanent Absentee Voter Status [5.1]: A program participant who is eligible to vote may register to vote with the secretary of state as a permanent absentee voter pursuant to Minnesota Statutes, section 5B.06.

Additionally, if you are collecting personal information related to gambling devices, you must keep records related to the manufacture, sale, or distribution of each gambling device that you own, sell, or distribute in Minnesota. You must maintain and make these records available for the commissioner’s inspection for three years after the device is sold or otherwise disposed of by the licensee [2.1].

Furthermore, if you are an internet service provider, you must comply with the state’s laws regarding the disclosure of personally identifiable information concerning a consumer of the internet service provider. You may not knowingly disclose personally identifiable information concerning a consumer of the internet service provider, except as provided in sections 325M.03 and 325M.04 [3.1][3.2][3.3].

In summary, you can collect personal information from participants in Minnesota, but you must comply with the state’s data privacy laws and regulations, including obtaining informed consent, protecting data, and establishing internal procedures to minimize access to personal information. If you are collecting personal information related to gambling devices or are an internet service provider, you must also comply with the relevant laws and regulations.

Source(s):
Jurisdiction

Minnesota