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Can I use third-party collaboration tools that collect personal information in Minnesota? What are the requirements?

To use third-party collaboration tools that collect personal information in Minnesota, you must comply with the state’s data privacy laws.

Requirements for using third-party collaboration tools in Minnesota

According to Minnesota Statutes, section 325M.04, subdivision 2, an Internet service provider 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 [1.2].

If you are collecting private or confidential data, you must comply with Minnesota Statutes, section 13.05, subdivision 4, clause (a), (c), or (d) [3.1]. The responsible authority shall authorize a new purpose for the collection of private or confidential data or a new use for private or confidential data under any one of the following conditions: if subsequent passage of federal or state legislation requires initiation of a new or different purpose or use pursuant to Minnesota Statutes, section 13.05, subdivision 4, clause (b), or the responsible authority, prior to initiation of the new or different purpose or use, complies with the provisions of either Minnesota Statutes, section 13.05, subdivision 4, clause (a), (c), or (d). For the purposes of Minnesota Statutes, section 13.05, subdivision 4, clause (d), the responsible authority shall comply with the following: The responsible authority shall not take any action to coerce any data subject to give an “informed consent.” The responsible authority shall explain the necessity for or consequences of the new or different purpose or use. All informed consents shall be given in writing. Prior to any signature being affixed to it by the data subject, such writing shall identify the consequences of the giving of informed consent. If the responsible authority makes reasonable efforts to obtain the informed consent of a data subject and if those efforts are not acknowledged in any way, the responsible authority shall interpret the silence of the data subject as the giving of an implied consent to the new or different purpose or use of the data [3.1].

If you are disclosing personally identifiable information concerning a consumer, you must comply with Minnesota Statutes, section 325M.03. An Internet service provider shall disclose personally identifiable information concerning a consumer: (1) pursuant to a grand jury subpoena; (2) to an investigative or law enforcement officer as defined in section 626A.01, subdivision 7, while acting as authorized by law; (3) 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; (4) 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; (5) 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; (6) pursuant to subpoena, including an administrative subpoena, issued under authority of a law of this state or another state or the United States; or (7) pursuant to a warrant or court order [1.3].

In summary, to use third-party collaboration tools that collect personal information in Minnesota, you must obtain the consumer’s authorization of the disclosure of personally identifiable information, comply with Minnesota Statutes, section 13.05, subdivision 4, clause (a), (c), or (d) if you are collecting private or confidential data, and comply with Minnesota Statutes, section 325M.03 if you are disclosing personally identifiable information concerning a consumer.

Source(s):
Jurisdiction

Minnesota