Another State Privacy Update as Minnesota Becomes Eighteen
After Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (“MCDPA”) on May 24, 2024, Minnesota became the eighteenth state to enact comprehensive consumer data privacy legislation. The MCDPA will go into effect on July 31, 2025. While the conditions of the Act most similarly reflect the Connecticut and Virginia consumer data privacy law models, the MCDPA also applies to technology providers under Minnesota’s education data laws, such as entities that provide technology to schools. As with other state privacy laws, the MCDPA does not directly address VPD, but it is implicated.
VPD Provisions
The Minnesota Consumer Data Privacy Act does not define “vehicle information” and does not include any provisions specific to VPD. “Personal data” is defined to mean “any information that is linked or reasonably linkable to an identified or identifiable natural person.” It does not include deidentified data or publicly available information. H. F. 4757 Article 5, § 3. 352O.02 (p) (Minn. 2024). “Sensitive data” is defined to include personal data reveal race, ethnic origin, religious beliefs, mental or physical health conditions, sexual orientation, citizenship or immigration status, biometric data, and geolocation data. H. F. 4757 Article 5, § 3. 352O.02 (v)(1-4) (Minn. 2024).
“Biometric data” is defined as data that is “generated by automatic measurements of an individual’s biological characteristics, including a fingerprint, a voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that are used to identify a specific individual.” It does not include photographs, audio or visual recordings. H. F. 4757 Article 5, § 3. 352O.02 (d)(1-2) (Minn. 2024).
The Act exempts personal data collected or disclosed pursuant to the federal Driver’s Privacy Protection Act of 1994, “if the collection, processing, sale or disclosure is in compliance with that law.” H. F. 4757 Article 5, § 4. 352O.03 (a)(10) (Minn. 2024).
Privacy Law
Minnesota Consumer Data Privacy Act, effective July 31, 2025.
Now we will keep our eyes on Pennsylvania and Rhode Island.
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