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Can I use third-party cloud storage services that collect personal information in Minnesota? What are the requirements?

Using Third-Party Cloud Storage Services that Collect Personal Information in Minnesota

Minnesota law prohibits the disclosure of personal information, except as provided in sections 325M.03 and 325M.04 [1.1][1.2]. Section 325M.04 allows an internet service provider to disclose personally identifiable information concerning a consumer to any person if the disclosure is incident to the ordinary course of business of the internet service provider, another internet service provider for purposes of reporting or preventing violations of the published acceptable use policy or customer service agreement of the internet service provider, any person with the authorization of the consumer, or as provided by section 626A.27 [1.1][1.2].

It is unclear whether third-party cloud storage services that collect personal information fall under the definition of an internet service provider. Therefore, it is recommended that you consult with a legal expert to determine whether the cloud storage service you intend to use falls under the definition of an internet service provider and whether it is permissible to use such services to store personal information in Minnesota.

Additionally, the State Information Infrastructure policy promotes the availability of technologies with statewide high-speed or advanced telecommunications capability for both public and private customers in a reasonable and timely fashion [2.2]. It is recommended that you ensure that the third-party cloud storage service you intend to use complies with this policy.

In summary, it is recommended that you consult with a legal expert to determine whether the cloud storage service you intend to use falls under the definition of an internet service provider and whether it is permissible to use such services to store personal information in Minnesota. Additionally, ensure that the third-party cloud storage service you intend to use complies with the State Information Infrastructure policy.

[1.1]: MN ST § 325M.04 [1.2]: MN ST § 325M.03 [2.2]: MN ST § 16E.18

Source(s):
Jurisdiction

Minnesota