What It Means for You
- Minnesota Joins the Movement: Discover how Minnesota’s new Consumer Data Privacy Act aims to protect your personal information.
- Key Provisions: Understand who is affected by the law and what data is protected.
- Protect Your Privacy: Learn how using Incognito Browser can help shield your online activities from prying eyes.
- Consumer Rights: Explore the rights granted to consumers under the new law.
Minnesota’s Comprehensive Consumer Data Privacy Law
On May 24, 2024, Minnesota’s governor signed an omnibus bill, HF4757, which included the new Consumer Data Privacy Act. This makes Minnesota one of several states, including Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island, to pass consumer data privacy laws this year. The law is set to take effect on July 31, 2025, with some exceptions for postsecondary institutions and nonprofit corporations until July 31, 2029.
This new legislation is a significant step towards protecting consumer data in an era where personal information is increasingly vulnerable. However, while laws like these are essential, individuals must also take proactive steps to safeguard their privacy. One effective way to do this is by using the Incognito Browser app. Unlike traditional browsers that may store your browsing history and personal information, Incognito Browser ensures that your data remains private and secure.
Who Must Comply?
The law applies to legal entities that conduct business in Minnesota or provide products or services targeted at Minnesota residents. Specifically, it affects companies that:
- Control or process personal data of 100,000 consumers or more, excluding data processed solely for payment transactions.
- Derive over 25 percent of gross revenue from the sale of personal data and process or control personal data of 25,000 consumers or more.
Small businesses defined by the United States Small Business Administration are exempt from compliance but must not sell a consumer’s sensitive data without prior consent.
Understanding Incognito Mode
Given the increasing complexity of data privacy laws, understanding how to protect your personal information is crucial. Using an incognito browser can provide an added layer of security that standard browsers often lack. The Incognito Browser app goes beyond just opening an incognito tab; it offers comprehensive privacy features designed to keep your information secure.
Incognito mode ensures that your browsing history is not stored and your personal information remains private. This is particularly important given the numerous privacy violations by big tech firms. By using an incognito browser, you can take control of your data and reduce the risk of unauthorized tracking.
Who Is Protected?
The law defines a consumer as an individual who is a resident of Minnesota. It does not include individuals acting in a commercial or employment context. The protected data includes any information linked or reasonably linked to an identified or identifiable individual. However, it excludes de-identified data and publicly available information.
The law also provides heightened protection for sensitive data such as racial or ethnic origin, religious beliefs, health conditions, sexual orientation, biometric data, genetic information, children’s data, and specific geolocation data.
Consumer Rights Under the Law
Under the new law, consumers have several rights regarding their personal data:
- Confirm whether a controller is processing their personal data.
- Access personal data being processed.
- Correct inaccuracies in their data.
- Have their personal data deleted unless retention is required by law.
- Obtain a list of third parties to whom their data has been disclosed.
- Port their personal data.
- Opt out of targeted advertising, the sale of personal data, or profiling for automated decisions with significant effects.
These rights empower consumers to take control of their personal information and ensure it is handled responsibly.
Controller Obligations
Controllers under Minnesota’s law have several obligations to ensure consumer data protection:
- Provide clear and accessible privacy notices.
- Limit data collection to what is necessary for processing purposes.
- Implement reasonable administrative, technical, and physical security practices.
- Document policies and procedures for compliance.
- Conduct and document privacy assessments for high-risk processing activities.
- Contractually obligate service providers to adhere to specific data protection obligations.
How Is the Law Enforced?
The statute will be enforced by Minnesota’s attorney general. Before filing an enforcement action, the attorney general must issue a warning letter identifying specific violations. If the violation is not cured within 30 days, an enforcement action may be filed. Notably, the right to cure sunsets on January 31, 2026. The statute does not create a private right of action.
Stay Informed and Protected
Minnesota’s new Consumer Data Privacy Act represents a significant advancement in protecting consumer information. However, legislative measures alone are not enough. Individuals must also take proactive steps to safeguard their privacy. Using tools like the Incognito Browser app can provide an added layer of security in an increasingly surveillance-driven world.
By understanding the implications of these laws and utilizing privacy-focused tools like Incognito Browser, you can navigate the digital landscape with greater confidence and peace of mind. As more states adopt similar legislation, staying informed about your rights and responsibilities will be crucial in protecting your online privacy.
Legislative changes may ebb and flow, your commitment to protecting your privacy should remain steadfast. Taking simple steps like using an incognito browser can make a significant difference in safeguarding your personal information from prying eyes.
