2005 Minnesota Statutes - 325M.04 — When disclosure of personal information permitted; authorization.

     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 preventing violations of the published acceptable 
 use policy or customer service agreement of the Internet service 
 provider; except that the recipient may further disclose the 
 personally identifiable information only as provided by this 
 chapter; 


    (3) any person with the authorization of the consumer; or 


    (4) as provided by section 626A.27. 


    Subd. 2.    Authorization.  The 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 on-line 
 industries, or in any other manner reasonably designed to comply 
 with this subdivision. 


    HIST: 2002 c 395 art 1 s 4 


*   NOTE:  This section, as added by Laws 2002, chapter 395, 
*article 1, section 4, is effective March 1, 2003, and expires on 
*the effective date of federal legislation that preempts state 
*regulation of the release of personally identifiable information 
*by Internet service providers.  Laws 2002, chapter 395, article 
*1, section 11.