325M.01 DEFINITIONS. Subdivision 1. Scope. The terms used in this chapter have the meanings given them in this section. Subd. 2. Consumer. “Consumer” means a person who agrees to pay a fee to an Internet service provider for access to the Internet for personal, family, or household purposes, and who does not resell access. Subd. […]
325M.02 WHEN DISCLOSURE OF PERSONAL INFORMATION PROHIBITED. Except as provided in sections 325M.03 and 325M.04, an Internet service provider may not knowingly disclose personally identifiable information concerning a consumer of the Internet service provider. History: 2002 c 395 art 1 s 2
325M.03 WHEN DISCLOSURE OF PERSONAL INFORMATION REQUIRED. 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 […]
325M.04 WHEN DISCLOSURE OF PERSONAL INFORMATION PERMITTED; AUTHORIZATION. Subdivision 1. Conditions of disclosure. An Internet service provider may disclose personally identifiable information concerning a consumer to: (1) any person if the disclosure is incident to the ordinary course of business of the Internet service provider; (2) another Internet service provider for purposes of reporting or […]
325M.05 SECURITY OF INFORMATION. The Internet service provider shall take reasonable steps to maintain the security and privacy of a consumer’s personally identifiable information. The Internet service provider is not liable for actions that would constitute a violation of section 609.88, 609.89, or 609.891, if the Internet service provider does not participate in, authorize, or […]
325M.06 EXCLUSION FROM EVIDENCE. Except for purposes of establishing a violation of this chapter, personally identifiable information obtained in any manner other than as provided in this chapter may not be received in evidence in a civil action. History: 2002 c 395 art 1 s 6
325M.07 ENFORCEMENT; CIVIL LIABILITY; DEFENSE. A consumer who prevails or substantially prevails in an action brought under this chapter is entitled to the greater of $500 or actual damages. Costs, disbursements, and reasonable attorney fees may be awarded to a party awarded damages for a violation of this section. No class action shall be brought […]
325M.08 OTHER LAW. This chapter does not limit any greater protection of the privacy of information under other law, except that: (1) nothing in this chapter limits the authority under other state or federal law of law enforcement or prosecuting authorities to obtain information; and (2) if federal law is enacted that regulates the release […]
325M.09 APPLICATION. This chapter applies to Internet service providers in the provision of services to consumers in this state. History: 2002 c 395 art 1 s 9