WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(f) For purposes of this section, the terms in this subdivision have the meanings given. (b) "Biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b)" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening. (c) "Biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c)" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) used to identify an individual. Biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) shall not include information derived from items or procedures excluded under the definition of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b). (d) "Confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property which shall include, but shall not be limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a social security number.Minn. Stat. § 325E.80, subd. 1(d)" means personal information that can be used to uniquely identify an individual or an individual's account or property which shall include, but shall not be limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a social security number. (e) "Private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e)" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court. (f) "Written releaseWritten release"Written release" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.Minn. Stat. § 325E.80, subd. 1(f)" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.
Subdivision 1 establishes five defined terms that frame the bill's scope. Biometric identifier is defined narrowly to cover retina/iris scans, fingerprints, voiceprints, and hand or face geometry scans, with extensive carve-outs for healthcare data, HIPAA-covered information, medical imaging, and biological samples. Private entity covers any private individual or organization but expressly excludes state and local government agencies and courts. Written release has a notable employment-context provision allowing an employer-mandated release as a condition of employment to satisfy the consent requirement.
(a) 1 A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) in possession of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) must develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) when the initial purpose for collecting or obtaining such identifiers or information has been satisfied or within three years of the individual's last interaction with the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e), whichever occurs first. Absent a valid warrant or subpoena issued by a court, a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) in possession of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) must comply with its established retention schedule and destruction guidelines.
(b) 2 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c), unless it first: (1) informs the subject or the subject's legally authorized representative in writing that a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) is being collected or stored; (2) informs the subject or the subject's legally authorized representative in writing of the specific purpose and length of term for which a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) is being collected, stored, and used; and (3) receives a written releaseWritten release"Written release" means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.Minn. Stat. § 325E.80, subd. 1(f) executed by the subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) or the subject's legally authorized representative.
(c) 3 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) may sell, lease, trade, or otherwise profit from a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c).
(d) 4 No private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) may disclose, redisclose, or otherwise disseminate a person's or a customer's biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) unless: (1) the subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) or the subject's legally authorized representative consents to the disclosure or redisclosure; (2) the disclosure or redisclosure completes a financial transaction requested or authorized by the subject of the biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or the biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) or the subject's legally authorized representative; (3) the disclosure or redisclosure is required by federal, state or local law or municipal ordinance; or (4) the disclosure is required pursuant to a valid warrant or subpoena issued by a court.
(e) 5 A private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) in possession of a biometric identifierBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) or biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) shall: (1) store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) using the reasonable standard of care within the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e)'s industry; and (2) store, transmit, and protect from disclosure all biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) in a manner that is the same as or more protective than the manner in which the private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) stores, transmits, and protects other confidential and sensitive informationConfidential and sensitive information"Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property which shall include, but shall not be limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a personal identification number, a pass code, a driver's license number, or a social security number.Minn. Stat. § 325E.80, subd. 1(d).
Subdivision 2 imposes the bill's core substantive obligations on private entities that possess, collect, or disclose biometric identifiers or biometric information. Paragraph (a) requires a public written retention and destruction policy with a maximum retention period of three years from last interaction or fulfillment of the initial collection purpose, whichever is earlier. Paragraph (b) imposes a consent-before-collection framework requiring written notice of the fact of collection, its purpose and duration, and a written release from the subject. Paragraph (c) categorically prohibits the sale, lease, trade, or other profiting from biometric data. Paragraph (d) restricts disclosure to four enumerated exceptions: subject consent, financial transaction completion, legal compulsion, and court order. Paragraph (e) establishes a dual security standard — both industry-reasonable care and parity with the entity's protections for other confidential and sensitive information.
Any person aggrieved by a violation of this section shall have a right of action in district court against an offending party. A prevailing party may recover for each violation: (1) against a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) that negligently violates a provision of this section, liquidated damages of $1,000 or actual damages, whichever is greater; (2) against a private entityPrivate entity"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity shall not include a state or local government agency or any court in the state, a clerk of the court, or a judge or justice of the court.Minn. Stat. § 325E.80, subd. 1(e) that intentionally or recklessly violates a provision of this section, liquidated damages of $5,000 or actual damages, whichever is greater; (3) reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses; and (4) other relief, including an injunction, as the court may deem appropriate.
Subdivision 3 creates a private right of action for any person aggrieved by a violation. The remedies are tiered by culpability: $1,000 liquidated damages or actual damages (whichever is greater) for negligent violations, and $5,000 or actual damages for intentional or reckless violations. Prevailing plaintiffs may also recover reasonable attorneys' fees and costs, including expert witness fees, and the court may award injunctive or other equitable relief. No actual harm is required to recover liquidated damages.
(a) Nothing in this section shall be construed to impact the admission or discovery of biometric identifiersBiometric identifier"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers shall not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. Biometric identifiers shall not include anatomical gifts as defined in section 525A.02 or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996. Biometric identifiers do not include an X-ray, roentgen process, computed tomography, magnetic resonance imaging, positron-emission tomography scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.Minn. Stat. § 325E.80, subd. 1(b) and biometric informationBiometric information"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information shall not include information derived from items or procedures excluded under the definition of biometric identifiers.Minn. Stat. § 325E.80, subd. 1(c) in any action of any kind in any court, or before any tribunal, board, agency, or person.
(b) Nothing in this section shall be construed to conflict with the federal Health Insurance Portability and Accountability Act of 1996.
(c) Nothing in this section shall be deemed to apply in any manner to a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act of 1999.
(d) Nothing in this section shall be construed to apply to a contractor, subcontractor, or agent of a state agency or local government when working for that state agency or local government.
Subdivision 4 contains savings clauses preserving the admissibility of biometric evidence, HIPAA compliance, and the Gramm-Leach-Bliley Act's preemptive scope. Notably, paragraph (c) exempts financial institutions subject to Title V of the Gramm-Leach-Bliley Act from the entire section, and paragraph (d) exempts government contractors and subcontractors acting on behalf of government agencies — extending the government exclusion from the definition of private entity to their agents.