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Can I use third-party marketing automation tools that collect personal information in Minnesota? What are the requirements?
Use of Third-Party Marketing Automation Tools in Minnesota
Based on the provided context documents, there are no specific regulations in Minnesota regarding the use of third-party marketing automation tools that collect personal information. However, Minnesota has strict regulations regarding the disclosure of personal information and requirements for data service organizations and agent office locations.
Disclosure of Personal Information
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. Section 325M.03 provides conditions for disclosure of personal information, including disclosure 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 [1.2].
Data Service Organization License
Minnesota Statutes, section 79.62 requires a data service organization to apply for a license and provide specific information, including a plan for data collection and analysis, and other activities of the data service organization. The plan must include a statistical plan for the collection and reporting of exposure base and loss data of individual insureds from each member, a system for the classification of risks to be used for reporting by member insurers, and for calculating pure premium relativities, and all other rate or rating plan related or data analytic activities it proposes to undertake. The commissioner shall issue a license if the commissioner finds that the applicant meets the requirements of Minnesota Statutes, section 79.62 and part 2705.1000, the applicant demonstrates staff competence and technical qualifications necessary to provide the services proposed, the applicant’s premises and computer capabilities are sufficient to provide the services proposed, and the applicant’s plan for data collection and analysis will result in a reliable, credible database [2.2].
Agent Office Requirements
Minnesota Administrative Code, section 7404.0400 provides requirements for an approved office location for an agent, including a separate and distinct area used exclusively for taking, processing, and storing applications, and maintaining inventory and equipment in a secure manner during and after business hours.
It is recommended that you consult with a legal professional to ensure compliance with all applicable regulations.
Therefore, based on the provided context documents, there are no specific regulations in Minnesota regarding the use of third-party marketing automation tools that collect personal information. However, it is important to note that Minnesota has strict regulations regarding the disclosure of personal information and requirements for data service organizations and agent office locations.
Source(s):
Jurisdiction
Minnesota