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Can I sell personal information without obtaining consent in Minnesota? What are the requirements?

Based on the context documents provided, it is generally prohibited to sell personal information without obtaining consent in Minnesota. The Minnesota Statutes section 325M.02 states that an internet service provider 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 [1.1]. Additionally, Minnesota Statutes section 13.05, subdivision 11 states that a government entity may not sell or otherwise distribute for commercial purposes any data on individuals obtained by the government entity [1.2].

However, there are certain circumstances where disclosure of personal information is permitted without obtaining consent. For example, an internet service provider may disclose personally identifiable information concerning a consumer pursuant to a grand jury subpoena, to an investigative or law enforcement officer as defined in section 626A.01, subdivision 7, while acting as authorized by law, pursuant to a court order in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by other means, to a court in a civil action for conversion commenced by the internet service provider or in a civil action to enforce collection of unpaid subscription fees or purchase amounts, and then only to the extent necessary to establish the fact of the subscription delinquency or purchase agreement, and with appropriate safeguards against unauthorized disclosure, to the consumer who is the subject of the information, upon written or electronic request and upon payment of a fee not to exceed the actual cost of retrieving the information, pursuant to subpoena, including an administrative subpoena, issued under authority of a law of this state or another state or the United States, or pursuant to a warrant or court order [1.1][1.3].

If an internet service provider wishes to disclose personally identifiable information concerning a consumer to any person with the authorization of the consumer, they may obtain the consumer’s authorization of the disclosure of personally identifiable information in writing or by electronic means. The request for authorization must reasonably describe the types of persons to whom personally identifiable information may be disclosed and the anticipated uses of the information. In order for an authorization to be effective, a contract between an internet service provider and the consumer must state either that the authorization will be obtained by an affirmative act of the consumer or that failure of the consumer to object after the request has been made constitutes authorization of disclosure. The provision in the contract must be conspicuous. Authorization may be obtained in a manner consistent with self-regulating guidelines issued by representatives of the internet service provider or online industries, or in any other manner reasonably designed to comply with this subdivision [1.3].

It is important to note that there may be additional requirements for specific industries or types of personal information, such as health information or financial information. It is recommended to consult with a legal professional to ensure compliance with all applicable laws and regulations.

Therefore, in general, it is prohibited to sell personal information without obtaining consent in Minnesota. However, there are certain circumstances where disclosure of personal information is permitted without obtaining consent. If an internet service provider wishes to disclose personally identifiable information concerning a consumer to any person with the authorization of the consumer, they may obtain the consumer’s authorization of the disclosure of personally identifiable information in writing or by electronic means. The request for authorization must reasonably describe the types of persons to whom personally identifiable information may be disclosed and the anticipated uses of the information.

Source(s):
Jurisdiction

Minnesota